ILO Library - RO-Banghok | A Handbook on The Bangladesh Labour Act, 2006 Bangladesh Employers' Federation August 2009ILO Library-RO-Bangkok | 02 HOV 2009 A HANDBOOK ON THE BANGLADESH LABOUR ACT, 2006 TABLE OF CONTENTS Content Preface Introduction BACKGROUND OF THE LABOUR ACT, 2006 bop dhy.o1 ariel Laws other than labour law 2006 applicable in Bangladesh ‘The Control of Employment Ordinance, 1965 ‘The State-owned Manufacturing Industries Workers (Terms and Conditions of Service) Ordinance, 2000 The Agricultural Labour (Minimum Wages) Ordinance, 1984 ‘The Fatal Accidents Act, 1855 ‘The Inland Water Transport (Regulation of Employment) ct, 1992 Merchant Shipping Ordinance, 1976: Sections 98-117 ‘The Code of Conduct, 1993 ‘The Bangladesh Cha Sramik Kallyan Fund Ordinance, 1968 The Mines Act, 1923 ‘The Consolidated Mines Rules, 1952 Metalliferous Mines Regulations, 1926 ‘The Industrial Statistics Act, 1942 ‘The Industrial Labour Statistics Rules, 1961 ‘The Bangladesh Export Processing Zones Authority Act, 1980 ‘The Bangladesh Private Export Processing Zones Act, 1996 Bangladesh Export Processing Zones Authority Instruction No, I of 1989 Bangladesh Export Processing Zones Authority Instruction No. II of 1989 Export Processing Zones Workers Union and Industrial Relations Act 2004 ‘The Boilers Act, 1923 ‘The Boilers Rules, 1928 Page No. xvi Bee euUwee eee woMISCELLANEOUS. 1, “The Emigration Ordinance, 1982. 2. ‘The Provident Funds Act, 1925, 3. The Public Corporations (Management Co-ordination) Ordinance, 1968. 4. The Public Servants (Retirement) Act, 1974, 5. ‘The Bangladesh Oil, Gas and Mineral Corporation Ordinance, 1985. 6. The Trade Organizations Ordinance, 1961 7. The Chittagong Hill-Tracts (Labour Laws) Regulation, 1954, Need for reform Initiative for reform ‘The enactment CHANGE INTRODUCED BY THE NEW ACT Scope and application of the Act BL Wages C. Working hours and leave D. Prohibition of employment of children und adolescent E, Appointment letter and ID card ¥, Death benefit G, Safety Fencing of machinery ‘Work on or near machinery on motion plosive or inflammable dust or gas First aid appliances Canteen, rest rooms, child room etc, Cleanliness Unfair Labour Practices from the Part of the Employers, Unfair Labour Practices on the part of the workers Determination of the Collective Bargaining Agent (CBA) ‘The Right of the Collective Bargaining Agent Participation Committee ‘Trade Unions Industrial Dispute Labour Court Conclusion BRABRA OBTHE BANGLADESH LABOUR ACT, 2006 (English Version) ‘THE BANGLADESH LABOUR ACT, 2006 (XLIL OF 2006) CHAPTER PRELIMINARY Short title, commencement and application Definitions CHAPTER IL CONDITIONS OF SERVICE AND EMPLOYMENT Conditions of employment Classification of workers and period of probation Letier of Appointment and Identity Card Service book Porm of Service Book [Sntries in the service book Workers register and supply of tickets and cards Procedure for leave Payment of wages for unavailed leave Stoppage of work Closure of establishment Calculation of ‘one year’, ‘six months’ and ‘wages’ in certain cases Restrictions of application of sections 12, 16, 17, and 18 Right of la off workers for compensation ‘Muster-roll for laid-off workers Laid-off workers not entitled to compensation in certain cases Death benefit Retrenchment Re-employment of retrenched workers Discharge from service Punishment for conviction and misconduct Procedure for punishment iii[EMPLOYMENT OF ADOLESC! Special provisions relating to fine Termination of employment by employers otherwise than by dismissal, etc ‘Termination of employment by workers Retirement of worker Payment of Provident Fund Time limit of final payment of worker Contificate of service Eviction from residential accommodation Grievance procedure CHAPTER : HT ENT Prohibition of employment of children and adolescent Prohibition of certain agreement in respect of children Disputes as to age Certificate of fitness Power to require medical examination Restriction of employment of adolescent in certain work iployment of adolescent on dangerous machines Working hours for adolescent Prohibition of employment of adolescent in underground and under-water work Notice of periods of work for adolescent Exception in certain cases of employment of children CHAPTER: IV MATERNITY BENEFIT :mployment of women worker prohibited during certain period Worker's Right to get and employer's responsibility to pay for, payment o maternity benefit : Procedure regarding payment of maternity benefit Amount of matemity benefit Payment of maternity benefit in case of a woman’s death Restriction on termination of employment of a woman in certain cases iv uM 34 4 35 36 35 35 36 36 39 39 39 39 39 ay ao 40WEALTH AND IY! SAFET CHAPTER: V Cleantiness Ventilation and temperature Dust and fume Disposal of wastes and efftuents Artificial humidification Overcrowding Lighting Drinking warer Latrines and urinals: Jn every establishment~ Dust bean and Spittoon CHAPTER : VE Y Safety of building and machinery Precaution in case of fire Fencing of machinery ‘Work on or near machinery in motion Striking gear and devices for cutting off power Self-acting machines Casing of new machinery Cranes and other lifting machinery Hoists and lifts Revolving machinery Pressure plant Floors. stairs and means of access : In every establishment— Pits, sumps, opening in floors, etc Excessive weights Protection of eyes Powers to require specifications of defective parts or tests of stability Precautions against dangerous fumes Explosive or inflammable dust, gas, etc 45; 43 45 46 46WORKING HOURS AND LEAVE CHAPTER VII SPECIAL PROVISIONS RELATING TO HEALTH, HYGIENE AND SAFET" Dangerous operations Notice to be given of accidents Notice of certain dangerous occurrences Notice of certain disease Power to direct enquiry into cases of accident or disease Power to take samples Powers of Inspector in case of certain danger Information about dangerous building and machinery Restriction of employment of women in certain work Power to make rules fo supplement this Chapter CHAPTE} vu WELFARE, Firstaid appliances Mai tenance of Safety Record Book Washing facilities Canteens: Shelters, etc Rooms for children Recreational and educational facilities in tea plantation Housing facilities in tea plantation Facilities for daily necessities, etc. in tea plantation Medical care for newspaper workers Compulsory Group Insurance CHAPTER:IX Daily working hours Interval for rest or meal Weekly working hours 50, 50 50. 50 50. 56 56 56 56 564Weekly holiday Compensatory weekly holiday Spread over Night Shift Restriction on cumulative hours of work on a vehicle Extra-allowance for overtime Limitation of hours of work for women Restriction on double employment Notice of periods of work for adults and preparation thereof Special age limit for Road Transport Service worker ours of work to correspond with notice and register Closure of shops, ete Casual leave Sick leave Annual leave with wages Festival holidays Calculation of wages and payinent during leave or holiday period CHAPTER : X WAGES ANID PAYMENT Special definition of ‘wages’ Responsibility for payment of wages ion of wage-periods ‘Time of payment of wages Wages to be paid in current coin or currency notes Deductions which may be made from wages Deductions for absence from duty Deductions for damage or loss Deductions for services rendered Deductions for recovery of loans or advances Other deductions from wages Payment of undisbursed wages in cases of death of workers Claims arising out of deductions from wages or delay in payment of wages vil 56 56WORKMF! ‘Court fees in proceeding under section 132 ‘Single application in respect of a class of workers whose wages have not been paid or wages deducted Appeal Conditional attachment of property of employer or other person responsible for payment of wages Power to recover money from employer in certain cases CHAPTER: XI WAGIS BOARDS Establishment of Minimum Wages Board: Recommendation of minimurn rates of wages for certain workers Power to declare minimum rates of Wages Factors to be considered! in making recommendations Periodical review of minimum rates of wages Constitution of Newspaper workers “Wages Board Fixation of Wages for newspaper workers Publication of decision of Newspaper Wages Board Power of Newspaper Wage Board to fix interim rates of Wages Application to the Labour Court Minimum Wages to be binding on alt employers Prohibition to pay wages ata rate below the minimum rate of wages CHAPTER : XIE 'S COMPENSATION FOR INJURY BY ACCIDENT Employer's Liability for compensation Amount of compensation Method of caleviating wages Review Commutation of monthly payments Distribution of compensation Compensation not to be assigned, attached or charged Notice and claim Power to require from employers statements garding fatal accidents Reponts of fatal accidents vill o4 oA 64 6 65 or or 8 68 68Medical examination ‘Compensation on Contracting Insolvency of employer Special provision relating to masters and seamen Returns as fo compensation Contracting out Reference to Labour Courts Venue of Proceedings Condition of application Power of Labour Court to require further deposit in cases of fatal accident Registration of agreements Effect of failure to register agreement Appeals Withholding of certain payments pending decision of appeal Rules to give effect to arrangement with other countries for the transfer of money paid as compensation CHAPTER—XE UNIONS AND INDUSTRIAL RELATIONS Special definition of ‘worker’ ‘Trade unions of workers and employers Application for registration Requirements for application Requirements for registration Disqualification for being an officer or a member of a trade union Registered trade union to maintain register, etc. Registration Registration of trade unions in a group of establishment (Pratisthanpunja) Registration of trade union in civil aviation establishments, Registration of trade union by seamen Trade Union Registration etc. with Chittagong Port Authority and Mongla Port Authority Conditions of service to remain unchanged while application for registration pending ix 15 16 86 86President, ete. not to be transferred Certain changes in the constitution and executive to be notified Certificate of registration Cancellation of registration Appeal against permission, etc. No trade union to function without registration Restriction on dual membership Incorporation of registered trade union Unfair labour practices on the part of employers Unfair labour practices on the part of workers Law of conspiracy limited in application Immunity from civil suit in certain case Enforceability of agreement Registration of federation of trade unions Returns Collective bargaining agent Federation of trade unions to act as collective bargaining agent in certain cases Check-off Participation Committee Functions of Participation Committee Meetings of the Participation Committee Implementation of recommendations of Participation Committee CHAPTER XIV SETTLEMENT OF DISPUTES, LABOUR COURT, LABOUR APPELLATE ‘TRIBUNAL, LEGAL PROCEEDING: ETC, Raising of industrial disputes Settlement of industrial disputes Strike and lock-out Cessation of industrial dispute Application to Labour Courts Labour Courts Procedure and powers of Labour Courts in tril of offences 86 86 87 87 88 88 88 88 89 89 89 90 90 ol 96, 96 96 7 98 98. 98 99,Procedure and powers of Labour Courts in any matter other than trial of offences Appeal from judgments etc. of Labour Courts Labour Appellate Tribunal Form of application or appeal Appearance of parties Costs Settlement and awards on whom binding Effective date of settlements, awards, ete Commencement and conclusion of proceedings Prohibition on serving notice of str pending Power of Labour Court and ‘Tribunal to prohibit strike, etc of lock-outs while proceedings Mlegal strikes and lock-outs Conditions of service to remain unchanged while proceedings Pending Protection of certain persons Representation of parties Interpretation of settlements and awards CHAPTER: XV WORKERS’ PARTICIPATION IN COMPANIES PROFITS Application of the Chapter Special definitions Establishment of Participation Fund and welfare Fund Management of Funds Penalty Power to call for information Settlement of disputes, ete. Delegation of power Investment of Participation Fund ; Fligibility to benefits Utilization of Participation Fund Utilization of Welfare Fund xi 100 101 101 102 102, 102 102 103, 103 104 104 104 104 105 405 105 106 106 106 107 107 108 108 108 108 108 109 109 110Fiscal concessions to the companies Vax treatment of income of the Funds ‘Tax treatment of income to the workers Working and location of Board of Trustees ‘Audit of accounts of the Pund Funds’ benefits to be in addition to other benefits Special provisions for industries working seasonally ‘Companies engaged in more than one industriai undertakings Entrustment of management of Participation Fund to Investment Corporation of Bangladesh, etc CHAPTER: XVI REGUL/ WORKERS Power to make schemes ION OF EMPLOYMENT AND SAFETY OF DOCK, Dock Workers Management Boards ‘Composition of a Board Meetings ‘unetions of a Board Advisory Committee Appointment of officers and employees Fund Budget Delegation of powers Special provisions for safety, ete. of dock-workers CUAPTER:XVII PROVIDENT FUNDS Provident Funds for workers in private sector establishments ‘Tea Plantation workers ‘Provident Fund Board of Trustees Cost of administration Contributions Recovery of damages Provident Fund not liable to attachment Priority of payment of contribution over other debts xii 110 110 0 Ho 110. 110 110 110 10 ut 1s us 116 16 6 116 47 7 nnyEmployer not to reduce wages or other amenities Provident Fund for Newspaper workers CHAPTER:XVIIL APPRENTICESHIP Application of the Chapter, Special Definitions ‘Tripartite Advisory committees Obligations of employers Relief from income-tax, etc. Advice and guidance to employers Obligations of apprentices Powers of entry, inspection, etc. Delegation of powers CHAPTER:XIX PENALTY AND PROCEDURE. Penalty for non-compliance of Labour Court's order under section-33 Penalty for employment of child and adolescent Penalty for making agreement in respect of a child in contravention of section-35, Penalty for contravention of the provisions of Chapter TV by an employer Penalty for working for payment during permitted period of absence Penalty for contravention of section 67 Penalty for payment or wages at arate below the minimam rate of wages Penalty for failure to give notice of aecidemts Penalty for unfair labour practices Penalty for committing breach of settlement, ete Penalty for failing to implement settlement, etc Penalty for illegal strike or lock-out Penalty for instigating illegal strike or lock-out Penalty for taking part in or instigating go-slow Penalty for contravention of section 228 (2) Penalty for misappropriation of provident funds and trade union funds xiii hy ur 118 118 118 118 118 1s us ug Ho ng 9 120 120 120 120 120 120 120 120Penalty for activities of unregistered trade unions Penalty for dual membership of trade unions Penalty for non-compliance with the provisions of section 210 (7) Penalty for using false certificates of fimess Penalty for false statements, ete, losure of information Penalty for wrongful dis Penalty for general offences by workers, Penalty for obstruction Penalty for other offences Enkanced penalty after previous conviction Penalty for contravention of law with dangerous results Power of Courts to make orders Onus as to age Offences by companies, otc. Cognizance of offences Limitation of prosecution Report of offences Withdrawal of cases CHAPTER : XX ADMINISTRATION,INSPECTION, ETC. Director of Labour of Labour, ete Chief inspector, ete. Powers of Chief Inspector, ete Controller of Tea Plantation Worker’ Provident Fund Accounts and audit Roports, ete. National Council for Industrial health and Safety CHAPTER : XXI MISCELLANEOUS Power to exempt Notice to Chief Inspector before commencement of work xiv 122 122 126 126 126 126 127 127 128 128 129 130 130 130 130Approval of plans and fees for licensing and registration Appeals from certain orders of Inspectors Seasonal factories Recovery of money due under this Act No defuction for any facilities provided Obligation of workers Conduct towards female workers Service of notices and returns Certain persons to be public servants Indemnity Protection of existing conditions of employment Abstracts of the Act, Rules and Regulations to be displayed Liability of owner of premises in certain circumstances Powers to collect information Presumption as to employment Restriction on disclosure of information Certain matters to be kept confidential Protection of proceedings of Boards General provisions relating to tenure, powers, procedures, etc. of Boards Payment of equal wages for equal work Court fees in general Restriction upon certain questionings ete Training on this Act Certain activities of trade union prohibited Bar to jurisdiction of other Courts Power to make rules lions and schemes Provision for penalty in rules, regi Repeal and savings Original Text and Authentic English Text ADDENDUM Addendum -1 : Labour Law Commission Recommendations and its execution in the new Labour Law Addendum -2 : List of International Labour Conventions Ratified by Bangladesh xv 130 131 131 131 132 132 132 132 132 132 132, 132 133, 133 133, 134 134 134 134 135 135 135 135 135 135 135 137 138 139 Mi 159PREFACE Bangladesh Labour Act. 2006 was promulgated on the 11° October, 2006 repealing 25 imponant Labour Laws after prolonged tripartite negotiations, ‘The new law has introduced a good number of important items like retirement benefit, death benefit, appointment lotter. enhancement of compensation for both death and permanent disability, introdilction of provident fund for workers, punishment for sexual harassment etc Bangladesh Employers’ Federation (BEF) was deeply involved in formulating the mmgladesh Labour Act 2006 right from the beginning. Since the law was enacted, BEF had felt that an English version of the law would be beneficial not only for its members, but also for the international organizations and forcign investors who need to know about labour laws of the country. In view of the above BEF initiated a programme for publication of a handbook on Bangladesh Labour Act 2006 comprising of an English translation of the Act and some other related information, This handbook will be primarily used by our members for consultation purposes. In case of any doubticonfusion, the Bangla version (published by the Government) will stand to be correct BEF acknowledges the support and technical assistance rendered by the International Labour Organization for a successful publication of the handbook on Bangladesh Labour Act 2006. xviA Handbook on. The Bangladesh Labour Act, 2006 Introduction Labour Jaws, no doubt, play a crucial role in the industrial relations system, labour taws were enacted at different times to meet the surge of current problems and in most of the cases relationship with another law was not taken into consideration which necessary led into anomalies and contradiction with another. For example the definition of worker has beet envisaged in different laws indifferent ways, minimum ages for children in different statues are different and so on. It resulted in gross difficulty in application of laws. ‘The labour court Bar Association in 1990 placed a demand to the government to simply the labour laws and made a comprehensive single labour code. The Government responded to the. same and formed a commission namely labour law commission, 1992 with members from both employer, workers side as well as government representatives and legal expert. The commission submitted its report to the then prime minister on 31st march 1994. After a long discussion with the employer and the worker, the Parliament of the Peoples Republic. of Bangladesh enacted the Bangladesh Labour Act, 2006 on 11"" October 2006. Before the new act, there were more than fifty labour laws applicable in Bangladesh. The new Act has repealed 25 (twenty five) previous legislations and consolidated the provisions of the repealed laws into one legislation, The first one of these 25 legislations, the Workmen's Compensation ‘Act, 1923, was passed more than three quarters of a century ago. It was therefore necessary 10 bring-about many changes in order to address the changes that took place with the passage of time, While consolidating the earlier laws, apparently certain alterations have also been brought into the new Act, ‘This handbook contains a brief introduction to the Bangladesh Labour Act, 2006 with a brief note on the alteration that has been brought into the new legislation. Some of the discrepancies and inadequacies have also been pointed out in this hand book. ‘The original Act has been enacted by the Parliament in Bengali with a provision for an authentic English text (Section 354). The authentic English text is yet to be published, However even after the publication of an authentic English text, in case of any discrepancy between the English and Bengali texts, the Bengali text shall prevail. An English translation of the Act has been appended with this handbook, This is an unofficial translation of the Bengali text of the Act and therefore may not be accepted or recognized by any judicial, regulatory or administrative authority. It is therefore advisable that the original Bengali text of the Act should always be referred for all interpretation and application of the law. BACKGROUND OF THE LABOUR ACT, 2006 Laws regulating employer and establishment with regard to the rights and interests of workers were introduced during the colonial time before the emergence on Bangladesh as an independent country. The Factories Act, 1881 was the first law of this kind. Workmen's ‘Compensation Act, 1923, Trade Unions“Act, 1926, Trade Disputes Act, 1929, Payment of WagesAct, 1936, Maternity Benefit Act, 1939, and the Employment of Children Act, 1938 are the subsequent legislations of the colonial era. As stated above the Factories Act, 1881 was the first labour law legislation of Bangladesh, It was subsequently repealed by the Factories Act, 1934, which was again repealed by the Factories Act, 1965, which gave effect to some of the ILO conventions. The Act of 1965 applies to manufacturing establishments employing ten or more persons with or without the aid of any mechanical power. The workers to whom the Factories Act of 1965 does not apply are covered by the Shops and Establishment Act 1965. The other labour law legislations which were in force immediately before enactment of the 2006 Act were the followings: The Workmen’s Compensation Act, 1923 The Children (Pledging of Labour) Act, 1833 ‘The Dock Labourers Act, 1934 The Workmen’s Protection Act, 1934 The Payment of Wages Act, 1936 ‘The Employer's Liability Act, 1938 ‘The Employment of Children Act, 1938 ‘The Maternity Benefit Act; 1939 ‘The Mines Maternity Benefit Act, 1941 ‘The Motor Vehicles (Drivers) Ordinance, 1942 ‘The Maternity Benefit (Tea Estate) Act, 1950 ‘The Employment (Records of Service) Act, 1951 The Bangladesh (Plantation Employees) Provident Bund Ordinance, 1959 ‘The Coal Mines (Fixation of Rates of Wage) Ordinance, 1960 ‘The Road Transport Workers Ordinance, 1961 The Minimum Wages Ordinance, 1961 ‘The Plantation Labour Ordinance, 1962 (xviti) ‘The Employees Social Insurance Ordinance, 1962 (xix) The Apprenticeship Ordinance, 1962 (xx) __ The Employment of Labour (Standing Orders) Act, 1965 (xxi) The Companies Profits (Worker's Participation) Act, 1968 (xii) ‘The Industrial Relations Ordinance, 1969 (XXIII of 1969); Guill) The Dock Workers (Regulation of Employment) Act, 1980 Laws other than labour law 2006 applicable in Bangladesh: ‘The other Labour laws applicable in Bangladesh after the enactment of Bangladesh ‘Labour law ~ 2006. The Control of Employment Ordinance, 1965: An ordinance is provided for the collection of information relating to employment in industrial undertaking and available of persons therefore, and for the control and such employment, and matters connected therewith or incidental thereto. ‘The State-owned Manufacturing Industries Workers (Terms and Conditions of Service) Ordinance, 2000: ‘An ordinance is provided for the implementation of certain recommendations of the National Workers wages and productivity Commission.‘The Agricultural Labour (Minimum Wages) Ordinance, 1984: ‘An ordinance is provided for the fixation of minimum rates of wages for the agricultural workers. ‘An Act to provide compensation of families for loss occasioned by the death of a person caused by actionable wrong. ‘The Inland Water Transport (Regulation of Employment) Act, 1992: ‘An act to regulate methods of recruitment and conditions of services of workers cmployed in the Inland water Transport vessels. Merchant Shipping Ordinance, 1976: Sections 98-117. ‘The Code of Conduct, 1993: For Newspaper, News Agencies and Journalists of Bangladesh. ‘The Bangladesh Cha-Sramik Kallyan Fund Ordinance, 1% ‘An ordinance to provide for the establishment of a Kallayan Pund for the Bangladesh Cha Sramik ‘The Mines Act, 1923: ‘An act to amend and consolidate the law relating to the regulation and inspection of Mines: The Consolidated Mines Rules, 1952. ‘Metalliferous Mines Regulations, 1926. +he Industrial Statistics Act, 1942: ‘An act to facilitate the collection of statistics of certain kinds relating to industries ‘The Industrial Labour Statisties Rules, 1961. ‘The Bangladesh Export Processing Zones Authority Act, 1980: ‘An act for the establishment of the Bangladesh Export Processing Zones Authority. ‘The Bangladesh Private Export Processing Zones Act, 1996: ‘An act for the establish Private Export Processing Zones for setting. up export oriented industries. Bangladesh Export Processing Zones Authority Instruction No, I of 1989: “This instruction for the directives on service matters concerning workers and officers ‘employed in the companies within the Export Processing Zones of Bangladesh. Workers, officers and apprentices of the companies, unless the terms and conditions of services have been determined under a contract specially entered into by and between a company and the said employee. Companies operating in the Zones may have their own rules and regulations the terms and conditions of employment and in that event no rules or terms and conditions of employment of an individual company shall be less favorable than those contained in these instructions.Bangladesh Export Processing Zones Authority Instruction No. IT of 1989: This instruction for the directives on matters concerning fixations of minimum wages and other related benefits in respect of workers/employees engaged in different companies within the Export Processing Zones of Bangladesh Workers, officers and apprentices of the companies, unless the terms and conditions of services have been determined under a contract specially entered into by and between a ‘company and the said employee. ‘Companies operating, in the Zones may have their own rules regulations the terms and conditions of employment and in that event no rules or terms and conditions of employment of an individual company shall be less favorable than those contained in these instructions, Export Processing Zones Workers Union and Industrial Relations Act - 2004 ‘The Boilers Act, 1923: ‘An act t6 consolidate and amend the law relating to steam-boilers ‘The Boilers Rules, 1928 MISCELLANEOUS ‘The Emigration Ordinance. 1982 ‘The Provident Funds Act, 1925, ‘The Public Corporations (Management Co-ordination) Ordinance, 1968 The Public Servants (Retirement) Act, 1974. ‘The Bangladesh Oil, Gas and Mineral Corporation Ordinance, 1985. 6. ‘The Trade Organizations Ordinance, 1961 7, The Chittagong Hill-Tracts (Labour Laws) Regulation, 1954, Need for reform, ‘The labour laws of Bangladesh had been legislated in piecemeal form periodically from time to time. Immediately before enactment of the new Act, there was as many as 50 (fifty) separates legislations passed in various times. Out of these 50 legislations 15 was passed during the colonial rule. 23 legislations was passed during the Pakistan regime. Only 12 of these legislations was enacted after independence of Bangladesh. One difficulty of piecemeal legislations for the same area is that it is not always possible for the drafismen or iegislators to take into consideration the contents of the existing laws. In most of the cases while drafting these legislations relationship with other laws was not always. taken into consideration, which consequently Jed to anomalies and contradictions with one another. Though the carlier legislations were amended from time to time to make them commensurate with the changed circumstances such changes were not always adequate to accommodate the change that took place in the political and economical scenario of the country since the end of colonial rule. In particular, after emergence of Bangladesh as an independent country substantial changes took place in the development of industries, investment of capital, productivity and relation between worker and employer. Legislations inherited from the colonial legal system were not suitable to deal with the change scenario of an independent country. 4Therefore a necessity was felt to reform the entire labour law of the country to make it suitable with the present day. Initiative for reform In 1992 a 38-member National Labour Law Commission (the Commission) was set up with a view to revise the different labour and industrial legislations and codifies them into a single and comprehensive code. ‘The commission was headed by a formes judge of the Supreme Court of Bangladesh and its members included, amongst others, eight labour leaders representing various unions and organizations. The Director of the Directorate of Labour discharged the responsibility as the Member Secretary of the Commission, ‘The Commission thoroughly reviewed total 44 legislations which were in forve at that time. All these legislations were divided into four categories and the members of the Commission also divided themselves into four separate committees to review each category of legislations. The Commission also considered the labour laws of different countries, particularly that of the neighbouring countries. Besides the Commission also considered the opinion of the stakcholders and public at large collected by way of question answer, interviews, Focus group discussions cle. Members of the Commission visited several industrial areas. After all these, the Commission was submitied to the government draft legislation in the form of a single labour code to the government in 1994, The Commission proposed for a comprehensive labour code by repealing, and consolidating 25 existing legislations. In 1998 government reconstituted the Commission in 1998 as the ‘Tripartite Labour aw Reform Committee (LLRC). The Tripartite Committee comprising of the representatives of the government, employers and workers reviewed the draft labour code extensively and proposed certain cecommendations. The enactment After about 14 (fourteen) years of establishment of the Commission and twelve years after recommendation of the Commission, the Labour Act, 2006 was ultimately passed in 2006 and took effect from 11.10.2006. CHANGE INTRODUCED BY THE NEW ACT A, Scope and application of the Act Since the new Act consolidates practically all existing labour legislations, the new 2006 ‘Act has been made applicable to all establishments and for all workers except certain categories of establishments and workers set out under Section 1(4). ‘These categories include. (a) government offices, (b) security printing press and ordnance factories, (c) charitable establishments like hospitals, ofd home, orphanage, asylums ete, (d) shops or stalls in any public exhibition engaged in retail sale only, and shops or stalls in any public fair or bazaar for religious or charitable purpose, (e) educational, training and research institutions, (f) hostels and messes ‘not maintained for profit or gains, (g) small agricultural farms, smail establishments run by the family members only and domestic hands. The 2006 act has been made partially applicable for certain employces and workers of government and educational establishments, seamen. The act shall not apply any establishment for treatment or care of the sick, inform, aged, destitute, 5mentally disable, orphan. abandoned, child, widow or deserted women. which are not run for profit or gains. In order to make the Act applicable to all workers (save the above exceptions) a general definition of the term “worker” is set out under Section 2(65) to mean any person. including an apprentice, employed in any establishment or industry. either directly or through a contractor. t0 do any skilled. unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of his employment are expressed or implied, but does not include a person employed mainly in 2 managerial or administrative capacity, Lintil the 2006 Act, the contract workers were not entitled to the protection of labour law. From the definition of “worker” as set out in Section 2(65) of the Act, it appears that the contract ‘workers, ie. workers employed through any labour contractor or sei viee provider (e.g. employees of security or cleaning service providing companies) would also be treated as worker of the establishment, However apart from including them into the definition of “worker” no other special provision has been made for these workers. As a result the protection intended to be made available (0 them by the Act may be avoided by the service provider by frequent alteration of such workers in any establishment so that they would not be entitled to the benefits available to the permanent workers, B. Wages Section 2(45) and Section 120 of the 2006 Act defines the wages under the new labour law. Section 120 provides for wages to include (i) any bonus payable or any other additional wages as per the terms and conditions of the employment, (ii) any remuneration payable during leave, holiday and overtime, (ii) any amount payable against an order of the court or under an award or settlement (iv) any amount payable upon expiry of employment by dismissal, discharge, retrenchment, or (ermination, whether arising out of u contract or under the law and (¥) any amount payable duc to lay off or temporary suspension. Section 2(45) lists the heads of account which not to be included in wages, namely expense of housing facilities, employer's contribution to contribution to the provident, Traveling allowances and any other sum paid to worker to cover any special expenses, Under the previous law wages was defined in a negative form only with reference to the exclusion list and that used to give rise to uncertainty, in the 2006 Act an attempt has been made to define wages with certainty by reference to both the inclusion and exclusion lists to make a complete sense. Gratuity on discharge was not included in wages before but the new law includes it as part of the wages. The term “gratuity” has also been defined for the first time in a statute Section 2. (10) where it is defined as the amount of the wages of at least 30 days payable to a worker who worked in a factory not less than 6 months at the expiry of her/his employment), Similarly provident fund is considered to be the wages and is payable within 30 days of the expiry of the employment.The 2006 Act specifies the persons who shall be responsible for the payment of the wages of the worker. They are the owners, Chief Executive Officer (CEO), manager or other designated person of a company and the contractor for the contract labours. The Act also imposes an obligation upon the principal owner, CEO etc. to pay the wages of contract labours directly and authorizes them to deduct the same from the payment of the contractor. ‘Another major change in relation with wages is the fixation of wage period and time for payment of wages. Section 122 restricts the payment period to be not exceeding 30 days and section 123 provides that payment shall be made within seven working days of the expiry of a ‘wage period, Whereas earlier, except where there is less than 1000 workers employed, io the railway and any other factory or industry, the employer was permitted to pay wages before the expiry of the 10" day from the end of the wage period. C. Working hours and leave No substantial change has been made in the 2006 Act with respect to working hours and leave except reduction of daily hours has been reduced to 8 hours-a-day from previous 9 hours-1- day, one hour lunch brake which is excluded from working hour. Besides power has been given to the government to exempt any employer with respect to working hours for a maximum period of six months at a time. Festival holiday has been increased by 2 day in the 2006 Act and provision has been made for the sick leave to be one with full average wages. The new law increases the maternity leaves to sixteen weeks from twelve weeks and decreases the duration of the qualifying service period - for availing the benefit - to six months from 9 months. However no maternity benefit shall be payable to any woman if at the time of her confinement she has two or more surviving children. ‘The restriction on night work of women has been finaly lifted. Section 109 of the 2006 ‘Act provides that no female worker shalt be engaged for work in any establishment without her consent between 10 pm and 6 am. It may be mentioned here that the restrictions of night work of women workers was introduced into Bangladesh under the Factories Act, 1965 as per the ILO convention No, 89 which prohibited night work of female workers. With the change of time the issue of equality of women in every sphere of life came forward and the restriction is now viewed as discriminatory. ‘The restriction of night work of women has been declared illegal by courts jn several countries, including Germany and India on the ground of discrimination. Many countries who earlior ratified ILO Convention 89 have now denounced it on the same rerson. These countries include Austria, Belgium, Cuba, Cyprus, Czeck Republic, France, Greece, Ireland, Italy, Netherlands, Portugal, Spain, Sti Lanka etc. D, Prohibition of employment of children and adolescent “The 2006 Act removes the confusion and uncertainty that was prevailing under the earlier laws, In the earlier laws, the term “child” was used to mean a person who had not completed 16 years of age and the term “Young Person” was used to mean and include both the child and adolescent. Under the earlier law, even a child could have obtained a fitness certificate to get a job in a factory. But in the new law, child means a person who has completed her/his fourteen 7years of age and adolescent means a person who has completed sixteen years and bas not completed cighteen years of age. The present law specifically prohibits employment of children and makes a provision for fitness certificates for the adolescent only. ‘The new also however retains certain exception. A child who has completed twelve years of age, may be employed in such light work as not to endanger his health and development or interfere with his education. Provided that the hours of work of such child, where he is school going, shall be so arranged that they do not interfere with his school attendance. (Section 44) Section 37 of the new Act requires an adolescent to obtain a fitness certificate to be employed in any occupation or in a factory. A registered medical practitioner shall, on the application of an adolescent or her/his parents or guardians accompanied by a document signed by the manager of a factory that such person will be employed therein if cestified to be fit for the work he or she has proposed to be employed for, issue a certificate of fitness. Such certificate shall be valid only for the subsequent 12 months. The employer shall pay the fees for obtaining such certificate and the fees cannot be realized from the parents. or ‘guardians of the worker. E. Appointment letter and [D card ‘Section 5 of the 2006 Act makes it mandatory for the employer'to provide appointment {exter for employment of each and every worker and also to issue ID card to the worker free of charge. Except for the newspaper employees and road transport workers issuing appointment letter was never mandatory under the previous laws. Absence of appointment letter used to create scope for dispute between the workers and employers and the trade unions have been demanding ‘for 2 legal requirement regarding appointment letter. ‘Though the rules are yet (o be formed setting out the form of appointment letter and ID card but introduction of this requirement would reduce the scope of dispute and difference between the workers and employers. F. Death benefit Before the new Act coming there was no legal requirement for the employers to pay anything on the death of a worker. There was however provision for death benefits payable to the newspaper workers under an award of the Wage Boar. The new Act provides that if any worker dies after completing 3 (three) years continuous service with an employer, the worker shall be emitted to get benefits for 30-days’ wages for each completed year or service, or six-month thereof, or gratuity, whichever is higher. The worker shall get this benefit in addition to her/his other emoluments during the retirement. 5. Safety ‘The 2006 Act introduces certain new measures to be in place in every facility ‘ensure safety for the workers in their place of work. These measures are related to, inter alia, fire, personal injury caused by excessive weights being carried by a worker, safety of building ‘machines etc. ‘The new law makes a provision for an alternative staircase ensuring a means to escape connecting all floors of a factory and makes it mandatory to arrange a fire drill at least once in a year. Section 72 of the Act provides for maintenance of all floors, staircases, and passages etc. 8Section 74 of the Act imposes a prohibition on employing a worker to lift, carry or move any load so heavy which is likely to cause injury te the worker. Section 61 of the 2006 Act provides for the safety measures to be taken with regard to the safety of building and machineries. The present law entrusts the responsibility upon the inspectors to ensure that adequate measures have been taken in al factory everything to be done in this regard with the inspectors. Section 61 provides that an inspection may, if he finds any factory building or any part thereof or any machine thorein is in a condition which poses a threat of death or injury to the workers he may direct the factory. depending on the gravity of such threat, either to take necessary steps, or to carry out any specific repair or alteration, or to stop operation of the factory. Under the law prevailing before enactment of the 2006 Act, the inspectors did not have any power to intervene or stop into the operation of a factory or establishment on safety ground or otherwise. This power was not even proposed in the original draft code prepared by the Commission. This provision has been incorporated in the new apparently in view of the accidents that took place in two factories at Savar causing death and injury of numerous workers. Now that the inspectors have been given the power stop operation of a factory to prevent any such accident it is expected that any such accident may be prevented by necessary steps taken by the Department of Labour in time. Fencing of machinery In order to ensure safety of the workers from the risk of accident the 2006 Act provides. the factories to secure the certain components and parts of machinery to be properly fenced including (i) every moving part of a prime mover and every fly wheel connected to a prime mover, (b) the head-race and tail-race of every water wheel and water turbine, (6) any part of a stock-bar which projects beyond the head stock of a lathe 4. Every part of an electric generator, transmission machinery and other dangerous part of any machinery (Section 64 of the 2006 Act.). Fencing must also be done on any other parts (in motion) that contains screw, bolt and key on any revolving shaft, spindle wheel or pinion and all spur, toothed friction gearing, etc. The fencing is required to prevent these items from harming. the workers coming in close contact to them. However the Government has been given the power to exempt the aforesaid requirement of fencing, if and only if certain other measures are adopted that will adequately ensure safety of the workers. The Government may also prescribe such further precautions to fence certain other parts of the machineries which are not mentioned in the Act for ensuring safety of the workers. Work on or near machinery on motion Section 64 of the Act requires employment properly trained adult male workers for examination, adjustment and lubrication of any part or component of machineries in motion. The ‘Act also requires such worker to wear tight-fitted clothing while conducting such jobs and strictly prohibits that no other person, other than the person employed for the purpose, will be allowed (0 work on behalf of him during his absence. ‘Women and adolescent are not allowed to do the above-mentioned tasks and they are not also entitled to work in places between fixed and moving parts of any machinery in motion. ‘The {government has also been given the power to impose prohibition on any factory or establishment from cleaning, lubricating and adjusting of any machinery iz motion.Explosive or inflammable dust or gas There are factories that emit gas, smoke, vapour or dust or such nature and amount which ive rise to a risk of fire or explosion. Section 78 of the new Act requires such factories to take alll safety measure that are practically possible to avoid fire or explosions from the dust, gas, smoke or vapour emitted during the manufacturing process, including (a) effective safety fencing/enclosure of the plant or machinery used in the process, (b) effective ventilation and removal of such matters and prevention of accumulation of inflammable objects and (c) effecting, fencing/enclosure of all possible sources of ignition. For plants or machineries which are not made to withstand pressure generating from such fire or explosion there must be provisions for chokes, baffles, vent or other effective appliances, Enclosed parts of the plant that contain potentially explosive materials shall only be opened if certain required precautionary measures are met, which include provisions for stop valves, measure for reduction of pressure inside pipes, prevention of entrance of inflammable {gases or vapours, into the pipeline through the joints that etc. First aid appliances Section 89 of the new labour law provides for keeping and maintaining at least one well equipped first aid box or cabinet for every 150 labours, one trained first-aid attendant for each first aid box, an ambulance and a well-equipped dispensary for every 300 workers employed in a factory. ‘The previous law also contained provisions for first aid facilities but the new act has added the facility of ambulance and dispensary to be provided by the owners of the factories in which at least 300 workers are employed. Previously, this facility was required for factories with ‘a minimum of 500 workers. Canteen, rest rooms, child room ete. ‘The new act has reduced the number of workers for the requirements of worker per canteen, rest rooms and child room etc. for better facilities. Number of workers per canteen has been decreased (from 250 to 100 workers per canteen) to ensure better canteen facility. All other provisions related to the management and ‘quality of the services and food in the canteen remains unchanged. Required minimum number of workers for a rest room has been reduced t0 50 from 100 and a separate rest room provision for female workers came into being in the new law. The new law has made a provision of a children’s room for every 40 (previously it was 50) female workers with children below 6 years of age. The room is required to be of such an area so that it can provide 600 square centimeters (previously it was 20 sft) of space for each child and the minimum height of such room shall not be less than 360 centimeters. Cleanliness The 2006 Act sets out detailed provisions for cleanliness of the factory and also for provision of drinking water in the factory. A number of changes have been brought into the law in this regard including the followings: () The Factories Act 1965 made a provision that the drinking water cannot be located in any place within 20 feet of distance of latrines, urinals, or washing- places, but the new law has directed for a place convenient to all. 10Gi) Oral re-hydration therapy has been instructed for installation for the employees working close to machines producing excessive heat. Certain changes have also been made with regard to the provisions of spittoons and dustbins. Previously the provision was only for the spittoons; however, now it is paraphrased as “Spittoons and Dustbins” to include littering as well. The earlier laws made the provision of a Taka 2 fine for the violation of the spitting rules which is climinated in the new law and only a notice has been provided for to that effect. Unfair Labour Practices from the Part of the Employers Section 195 of the new labour law, 2006 provides a list of conducts or activities, which tantamount to unfair labour practices from the part of the employer. These are, in brief, as follows: (a) Imposition of any condition in a contract of employment seeking to restrain the right of a person to join a trade union or to continue her/his membership of a trade union. {b) Refusal to employ or refusal to continue to employ on the ground that a person is, or is not a member or officer of a trade union. (©) Discrimination against any person in regard to any employment, promotion or condition of employment on the ground that such person is or is not the member or officer of trade union, (d) Discharge or dismissal of any person on the ground that the person is or is not the. member or officer of a specific trade union. : (©) __ Instigating or seeking a person to be the: member of a particular trade union (f) Inducing a person to refrain from becoming, or to cease to be a member or officer of a trade-union, (@) Compelling any officer of the CBA to sign a memorandum of settlement by intimidation or by coercion. (h) Interfering with or in any way influence the balloting provided for the election of the CBA. (i) Recruitment of new workman during the currency of a legal strike. “The list of unfair labour practice in the 2006 Act is much wider than the earlier one. ‘The new activities added by the 2006 Act are: (i) willful failure in implementing the recommendation of the participation committee, (i) failure to respond to any communication made by the CBA regarding to any industrial dispute (iii) transfer of the President, General Secretary, Organizing Seeretary and Treasurer of a trade union and (iv) imposition of an illegal lock-out and continuance thereof and persuading a person to participate in that, Unfair Labour Practices on the part of the workers, Section 196 of the 2006 Act lists the following activities to be unfair labour practice from the part of the workers: (a) Persuading a workman (o join or refrain from joining a trade union during the working hours (b) Intimidating any person to become or refrain from becoming a member or officer of a trade union uw(©) Inducing any person to become or refrain from becoming a member or officer of 4 trade union (6) Compelling or making any attempt to compel an employer to sign a ‘memorandum of settlement by using intimidation (©) Compelling or making any attempt to compel any workmen to pay or refrain from paying any subscription towards the fund of the trade union. In the earlier laws there were six activities of the labour that were considered to be unfair labour practices. But the new Act extended the purview of unfair labour practices by adding the following activities: (a) Imposing illegal strike or go slow or persuading thereto (b) Gherao or blokcade on the highways or destruction of the property including transport and vehicles. Determination of the Collective Bargaining Agent (CBA) ‘Section 202 of the 2006 Act deals with the determination of Collective Bargaining Agents (CBA) a5 follows: (a) Where there is only one trade union, that trade union shall be taken as the Collective Bargaining Agent (CBA) for that establishment (b) Where there are more than one trade union in an establishment , the Registrar shall take necessary steps to elect the Collective Bargaining Agent, upon the application of any of the trade unions having members of more than one third of the total workers employed in the establishment (©) Upon the receipt of the application as above the Registrar shall, by notice in writing, communicate to all the trade unions as to whether they would want to contest for the secret ballot for their representation in the CBA or not - giving a time limit of fifteen day (@) Ifa trade union fails to indicate within the time specified in the notice, its desire to be a contestant in the scerct ballot, it shall be presumed that it shall not be a contestant in such a ballot/pol! (©) Every employer shall ~ (i) On being so required by the Registrar, submit to the Registrar alist of all workers employed in the establishment, excluding those whose period of employment in the establishment is less than three months or workers with records of insubordination and negligence-to-duty (ii) Provide such facilities for verification of the list submitted by her/him as the Registrar may require. (1) On receipt of the list of workers from the employer, the Registrar shall send a copy of the list to each of the contesting trade unions and shall also affix a copy thereof in a conspicuous place of her/his office and another copy of the list in a conspicuous place of. the establishment (g) The objection, if any, rocoived by the Registrar within the specified time shall be disposed of by her/him after such enquiry as he deems necessary (h) The Registrar shall make such amendments, alterations or modifications in the list of workers submitted by the employer as may be required by any decision given by her/him ‘on objections received under previous sub-section (After amendments, alterations or modifications, if any, made under above sub-section or where no objections are received by the Registrar within the specified time, the Registrar shall prepare a list of workers employed in the establishment concerned and sent copies 12thercof to the employer and the contesting trade unions at least four days prior to the date fixed for the poll j) ‘The list prepared uncer the aforesaid sub-section shall be deemed to be the list of voters and every person whose name appears in the list shall be entitled to vote to elect the Collective Bargaining Agent (k) Every employer shall provide for such facilities as are required by the Registrar to conduct the poll (1) No person shall canvas for vote within « radius of fifly yards of the potling station (Gn) For the purpose of holding the secret ballot to determine the CBA, the Registrar shall do the following: Fix a date and intimate the same to the contesting trade unions and the employer Gi) Set the sealed ballot boxes, which are sealed in presence of the representative of teach of the contesting trade unions if any one present Conduct the poll in the polling stations where the representative of the contesting trade unions shat! have the right to enter GiiyCount the votes in presence of the representative of the contesting trade unions if anybody is present iv) Declare the result and the name of the clected Collective Bargaining Agent. (n) Where a registered trade union is declared as the Collective Bargaining Agent according to the above rules, no such application for the determination of the CBA shall be entertained within the subsequent two years ‘The Right of the Collective Bargaining Agent ‘The Collective Bargaining Agent of an establishment or group of establishments shall be entitled to i. Undertake collective bargaining with the employer or the employers on matters ‘connected with the employment, non employment or terms of employment fi, Represent all or any of the workmen in any proceedings iii, Give notice of and declare a strike in accordance with provisions of the law iv. Nominate representatives of workmen on any committee, fund constituted as per the provisions of law or agreements. ‘The previous law required a trade union for being a CBA to consists of at least one-third of workers as its member, even if itis the only trade union in the establishment but the 2006 Act has made a direct provision that if there remains only a single trade union, then that shall be treated as the Collective Bargaining Agent ‘The other changes introduced by the new Act are: (i) The registration of the trade union which acquires less than 10% of vote in a poll for determination of CBA shall stand cancelled forthwith (i) The new law provides for a right to the Collective Bargaining Agent (CBA), in addition to the right of representation of the workers in a proceedings, the right of litigation for and on behalf of the one or all of the workers under this Act Participation Committee Section 205 of 2006 Act makes it mandatory for a factory, where more than fifty permanent workers are employed, to form a Participation Committee as per the rules made by the 13Jaw in this behalf comprising of representatives of both workers and employers. It also requires that the representation of the workers shall not be fess than that of the employer. Sub section (5) of the section 205 clearly determines the relationship between the number of representatives from the Collective Bargaining Agent and the other trade unions in the Participation Committe. It provides that the number of the representative of the Collective Bargaining Agent in a Participatory Committee shall be one member more that the total number Of the representatives of all other trade unions. The earlier laws didn’t mention any such relation between the representatives of the groups. ‘The employer and the trade union shall take necessary steps to implement the specific recommendations of the Participation Committee within the time specified therein. Under the earlier laws there was. no specific provision compelling the parties to implement the recommendations of the Participatory Committee. The new Act makes a provision for the implementation of the recommendations of the committee within the time period provided by the committe itself. Otherwise, willful negligence will be treated as an unfair labour practices, ‘Trade Unions The 2006 Act vides for a new definition for the purposes of industrial relation. For the Purpose of the industrial relations the word worker means and includes every worker as defined under section 2(65), and any labour who is laid off, retrenched , discharged or dismissed or otherwise terminated for which an industrial dispute has been arisen. But it doesn’t include any security staff Tike guards and fire fighter or any confidential assistant etc Section 176 of the new labour code deals with the provisions related to trade union and freedom of association. It ensures that workers and employers, without distinction whatsoever, shall have the right to establish and join the union of their choice subject to the constitution of the respective association. The employers and the workmen shall have the right to form a federation of their trade unions and they can also affiliate that federation with any international federation or confederation of trade unions, The trade unions and the associations of the employers shall have the freedom to adopt any constitution as per their choice/requitement. ‘The procedures for registration of trade unions are set out in detail under Sections 177 and 178. Section 176 states that any trade union can Application for its registration to the registrar of the trade unions of the respective zone under the signature of the President and Secretary of the respective trade unions. The procedures under the new Act are not substantially different from the earlier laws. Industrial Dispute Section 2(62) of the new labour code defines the term Industrial Dispute to mean any disagreement or difference between workers and workers, workers and employers or employers and employers with regard to the employment, non employment or terms of employment of workers. Chapter 14 of the Labour law 2006 deals elaborately with the procedure of raising industrial dispute and settlement thereof. In earlier laws there were provisions of joint application to the labour court by both parties at any stage of the commencement or before the commencement of the strike or lock-out, ‘but in present law this provision has been removed. 4Labour Court: Section 214 of the 2006 Act provides that the labour court shall consist of a Chairman and two members to advise him. The chairman shall be a serving District Judge or an Additional district Judge. Members shall be the representatives of both the employers and workers respectively. “The Court shall be constituted with all three members except for the trial of any offence under section 215 or for the trial of any matter of chapter X and XII where the court shall consist of the chairman only. The major change has been made in the jurisdiction of the Labour Court by way introduction of a limitation period for taking cognizance of offence under section 314 of the 2006 ‘Act. Now no Labour Court shall take cognizance of any such offences after six months of the date of the offences alleged to have been committed. Previously there were no such limitations in law. “Another change is to exclude the jurisdiction of Magistrate Courts with regard to the offences under the 2006 Act. Section 313 of the 2006 Act provides that no Magistrate Court may try the offences under this Act Conclusion: Though the Act passed by an effort of 14 years and some limitations were also there but the act increases its applicability and influences some now things like, ID card, appointment letter, age of a worker, service book, etc if the employer or his/her representatives read the act carefully more and more it always goes infavour with them. 15THE BANGLADESH LABOUR ACT, 2006 (English Version)‘THE BANGLADESH LABOUR ACT, 2006 (XLH of 2006) Lith October, 2006 ‘An Act to consolidate and amend the Jaws relating to recraitment of Tabour, relations between einployers and workers, determination of minimum wages, payment oF wages, compensation for snferee to workers, formation of trade unions, raising and setlement of industria) disptes, Iratth, safety, welfare and working conditions of workers, and apprenticeship and maters ancillary thereto, Whereas it is expedient to consolidate and amend the laws relating to reeruitment of labour, vutons between employers and workers, determination of minimum wages, payment of wages Ad compettation for injuries to workers, formation of trade unions, raising and setlement of anjustel disptes, health safety, welfare and working conditions of workers. apprenticeship ard matters connected therewith Itis hereby enacted as follows- CHAPTERT PRELIMINARY 1. Short title, commencement and application: (1) This Act shall be called the Bangladesh Labour Act, 2006 (2) It shall come i Q) Save as esherwise specified elsewhere in this Act, it extends to the whole of Bangladesh (0 force af once. (4) Notwithstanding anything contained in sub-section (3), this Act shall not apply fo- (@) offices of or under the Government (b) security printing press; (©) ordnance factories (a). establishments for the treatment or care of the sick, infirm, aged. destitute, mentally disabled, orphan, abandoned child or widow or deserted woman, which are not run for profit or gains 5 {e) shops or stals in any public exhibition or show which dealin retail rade and which is subsidiary or to the purpose of such exhibition or show ; (shops or stalls in any public fair or bazar for religious oF charitable purpose + (g) educational, training or research institutions ; (b) hostels and messes not maintained for profit or gains Gin respect of Chapter. II, any shop or commercial or industrial establishment owned and directly managed by the Government where the workers are governed by Conduct Rules applicable to government servants; G)_ workers whose reeruitments and of service are governed by laws or rules made unde! grticle 62, 79, 113 or 133 of the Constitution, except, for the purposes of Chapters XII, XXII] and XIV workers employed by the ~ (i) Railway Department Gi) Posts, Telegraph and Telephone Departments, WGit) Department of Roads and Highways (iv) Department of Public Works Department, (v) Public Health Engineering Department, (vi) Bangladesh Goverment Press. (1) workers employed in an establishment mentioned in clauses (b), (6), (D, (2. (0. (@) and (h). but workers other than teachers, employed by any university shall not be subject to the restrictions except the purposes of Chapters XII, XII and XIV; (seamen, except for the purposes of Chapters XU, XIII and XIV ; (m) occan going vessels, except for the purpose of Chapter XVI; (n)_ agricultural farms where less than ten workers are normally employed ; (0) domestic servants ; and. {p) establishments run by the owner with the aid of members of his family and without employing any hired labour. 2. Definitions : In this Act, unless there is anything repugnant in the subject or context,— (2) “retirement” means normal termination of employment of a worker on attaining certain age under section 28 of the Act. Provided that retirement shall also include voluntary retirement from service on completion of 25 years of service in any establishment (Ja) ‘partial disablement’ means, where the disablement is of temporary nature, such disablement as reduces the eaming capacity of a worker in any employment in which he was engaged at the time of the accident resulting in the disablement, and, where the disablement is of ‘a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time: Provided that every injury specified in the First Schedule shall be deemed to result in permanent partial disablement ; (2) ‘manufacturing process’ means any of the following processes— (a) for making, altering, repairing, orvamenting, painting, washing, finishing, packing or otherwise treating any articles or substance with a view {o its use, sale, transport, delivery, display or disposal, (b) for pumping, oil, gas, water, sewerage or other fluids or slurries, (©) for generating, transforming or transmitting power or gas, (@) for constructing, reconstructing, repairing, refitting, finishing or breaking up of ships or vessels, or (©) for printing by letter press, lithography, photogravure, computer, photo-compose, offset or other similar work or book-binding which is carried on by way of trade or for purposes of gain or incidental to another business so carried on ; (3) ‘officer’ in relation to a trade union, means any member of the executive thereof, but does not include an auditor or legal adviser (4) ‘Hours of work! means the time during which the workers employed are at the disposal of the employer excluding any interval allowed for meals and rest ; (5) ‘working journalist? means a person who is a whole time journalist and is employed as such in, or in relation to, any newspaper establishment, and includes an editor, leader writer, news 18editor, sub-editor, feature writer, reporter, correspondent, copy tester, cartoonist, news- photographer, caligraphist and proof-reader ; (6) ‘workshop’ means any premises, including the precincts thereof, wherei process is carried on, any industrial (7) factory’ means any premises including the precincts thereof whereon five or more ‘workers ordinarily work on any day of the year and in part of which a manufacturing process is being carried on, but does not include a mine 5 (8) ‘adolescent’ means a person who has completed his fourteenth year but has not completed eighteenth year of age ; (9) ‘mine’ means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, and includes all works, machinery, tram-ways and sidings, whether above or below ground, in or adjacent to or belonging to a mine; Provided that it shall not include any part of such premises on which a manufacturing process is being carried on unless such process is a process for pulp making or the dressing of minerals 5 (10) ‘gratuity’ means wages payable on termination of employment of a worker whieh shall be equivalent to not less than thirty days’ wages for every completed year of service or for any part thereof in excess of six months; It shall be in addition to any payment of compensation or payment in lieu of notice due to termination of services of a worker on different grounds. (10.a) ‘tea- plantation’ means any land used or intended to be used for growing tea, and includes a tea factory ; (1) ‘retrenchment’ means the termination by the employer of services of workers, not as a ‘measure of punishment but on the ground of redundancy + (12) ‘public utility service’ means~ (a) the generation, production, , or supply of electricity, gas, oil or water to the public, (b)_ any system of public conservancy or sanitation, (©) hospitals and ambulance service, (@)_ fire-fighting service, (©) postal, telegraph and telephone service, (8) railways, airways, roads and river transport, (g) ports, (h)_ watch and ward staff and security services maintained in any establishment, (i) oxygen acetylene, and (banking ; (13) ‘tribunal’ means the Labour Appellate Tribunal established under this Act: (14) ‘transmission machinery’ means any shaft, wheel, drum, pulley, system of pulleys, couplings, clutch, driving belt or other appliance or device by which the motion of a prime mover is transmitted to or received by any machinery or plant ; 19(15) ‘trade union’ means trade union of workers or employers formed and registered under ‘Chapter XIII of this Act and shall include a federation of trade unions (16) ‘federation of trade unions? means a federation of trade unions registered under Chapter xT; (17) ‘discharge’ means the termination of services of worker by the employer for the reasons of physical or mental incapacity or continued ill-health of a worker ; (28) ‘go-slow’ means an organised, deliberate and purposeful slowing down of normal output of work by a body of workers in a concerted manner, and which is not due to any mechanical defect, breakdown of machinery, failure or defect in power supply or in the supply of normal material and spare parts of machinery ; (29) ‘day’ means a period of twenty-four hours beginning at 6.00 a.m. ; (20) 'Code of Civil Procedure’ means Code of Civil Procedure, 1908 (Act No ¥ of 1908). 21) ‘shop’ means any premises used wholly or in part for the whole-sale or retail sale of commodities or articles either for cash or credit, or where services are rendered to customers, and includes an office, store-room, godown, warehouse or workplace, whether in the same premises or elsewhere, mainly used in connection with such tradc or business, and such other premises as the Government may, by notification in the official Gazette, declare to be a shop for the purpose of this Act; (22) ‘strike’ means. cessation of work by a body of persons employed in any establishment acting in combination or a concerted refusel, or refusal under a common understanding of any umber of persons who are or have been so employed the continue to work or to accept employment ; (23) ‘seamen’ means any person forming part of the crew of any ship, but does not include the master of the ship ; (24) ‘executive committee’ in relation to a trade union means the body of persons, by whatever name called, to which the management of the affairs of a trade union is entrusted by its constitution: (25) ‘settlement? means a settlement arrived at in the course of a conciliation proceeding, and includes an agreement between an employer and his worker arrived at otherwise than in the course of any conciliation proceedings, where such agreement is in writing, has been signed by the parties thereto and a copy thereof has been sent to the Director of Labour and the Conciliator 3 (26) ‘river transport service" means a service carrying passengers or goods by river in vessels for hire or reward ; (27) ‘vessel? means may mechanically propelled vesscl used or capable of being used for the purpose of river transport and includes a tug or flat or barge (28) ‘administrative worker’ means a person who is employed on a whole-time basis in, or ia relation to, any newspaper establishment in any capacity other than that of a working journalist or ‘a newspaper press worker ; (29) ‘shift? means, where work of the same kind is carried out by two or more sets of workers ‘working during different periods of the day, each of such periods ; 20(30) ‘dependant’, in relation to a deceased worker, means any of the following relatives. namely: 2) a widow, minor child, unmarried daughter, ot a widowed mother; and (b) if wholly or partly dependant on the earnings of the worker at the time of his death, a ‘widower, father or widowed mother, a daughter if unmarried or minor or widowed, a ‘minor brother, an unmarried or widowed sister, a widowed daughter-in-law, a minor Child of a deceased son, a minor child of a deceased daughter where no father of the child is alive or, where no parents of the worker is alive, a patemal grandparent and illegitimate son or illegitimate unmarried daughter ; (GL) ‘establishment’ means any shop, commercial establishment, industrial establishment or premises in which workers are employed for the purpose of carrying on any industry + (32) ‘group of establishments’ means more than one establishment under different employers, carrying on the same, similar or identical industry : (33) ‘regulation’ means regulation made under this Act: (G4) ‘maternity benefit? means the sur of money payable under the provisions of Chapter IV 10.2 woman worker with leave; (35) ‘prime mover? means any engine, motor, oF other appliance which generates or otherwise provides power; (36) ‘adult’ means a person who has completed eighteenth year of age ; (37) 'Code of Criminal Procedure’ means Code of Criminal Procedure, 1898 (Act V of 1898) (38) ‘closed? means not open for service to any customer or to conduct any business; (39) ‘dismissal’ means the termination of services of a worker by the employer for misconduct; E (40) ‘plantation’ means any estate which is maintained for the purpose of growing rubber coffee of tea and includes agriculture farms other than experimental or research farm, employing ten or more persons ; (4D) ‘commercial establishment” means an establishment in which the business of advertising, ‘commission or forwarding is conducted or which is a commercial agency, and includes- (a) aclerical department of a factory or of any industrial or commercial undertaking, (b) the office establishment of a person who for the purpose of fulfilling 2 contract with any commercial establishment or industrial establishment employs workers, (©) aunit of a joint-stock company, (@_an insurance company, a banking company or a bank, (©) abroker’s office (A) &stock exchange, (g) club, a hotel or a restaurant or an eating house, (h) acinema or theatre, i) such other establishment or class thereof as the Government may, by notification in the official Gazette, declare to be a commercial establishment for the purpose of this Act; aL(42) ‘rate’ means rule made under this Act 5 (43) ‘illegal strike’ means a stvike declared, commenced oF continued otherwise than in accordance with the provisions of Chapter XIV ; (44) ‘illegal lock-out’ means a lock-out declared, commenced or continued otherwise than in ‘accordance with the provisions of Chapter XIV ; (45) ‘wages’ means all remuneration, expressed in terms of money or capable of being so expressed, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a worker in respect of his employment or of work done in such employment, and includes any other additional remuneration of the nature aforesaid which would be so payable, but does not include— (a) the value of any house accommodation, supply of light, water, medical attendance or other amenity or of any service excluded by general or special order of the Government, (®) any contribution paid by the employer to any pension fund or provident fund, (©) any traveling allowance or on the value of any travelling concession, (4) any sum paid to the worker to defray special expenses entitled on him by the nature of his employment ; (46) ‘arbitrator’ means a person appointed as such under Chapter XIV ; (47) ‘Chief Inspector’, Deputy Chief Inspector’, ‘Assistant Chief Inspector’ and “Inspector” shall respectively mean persons So appointed under Chapter XX ; (48) ‘Director of Labour’, ‘Additional Director of Labour”, ‘Joint Director of Labour’, Deputy Director of Labour’ and ‘Assistant Director of Labour’ shall mean persons 50 appointed under Chapter XX 5 (49) ‘employer’, in relation to an establishment, means any person who employs workers therein and includes— (a) a heir, successor, assign, guardian or legal representative, as the case may be, or such person ; (b) any manager or person responsible for the management and control of the: establishment, (©) invrelation to an establishment run by or under the authority of the Government, the authority appointed in this behalf or where no authority is so appointed, the head of the Ministry or Division concemed, (a) in relation to an establishment ran by or on behalf of a local authority, the officer appointed in this behalf or, where no officer is so appointed, the chief executive officer of that authority ; (e) in relation to any other establishment, the owner of such establishment and every director, manager, secretary, agent or other officer or person concemed with the management of the affairs thereof, and (Bin relation to an establishment under the occupation of any person other than the ‘owner, the person in occupation of that establishment or in ultimate control over the affairs of the establishment and the manager ot other person concemed with the ‘management of the affairs thereof ; 22(50) ‘machinery’ includes prime movers, transmission machinery and other appliances or factories whereby power is generated, transformed, transmitted or applied + (51) ‘vehicle? means any mechanically propelled vehicle, used or capable of being used for the purpose of road transport and includes a trolley vehicle and a trailer (52) ‘collective bargaining agent’, in relation to an establishment or group of establishments, means the trade union of workers or federation of trade unions which, under Chapter XII, is the \gent of the workers in the establishment, or group of establishments in the matter of collective bargaining ; (53) ‘relay’ means, where work of the same kinds is carried out by (wo or more sets of workers working during different periods of the day, each of such sets ; (54) ‘registered medical practitioner’ means any person registered as such under the Medical and Dental Couneil Act, 1980 (Act XVI of 1980) ; (55) ‘registered trade union’ means a trade union registered under Chapter XI 5 (56) ‘award’ means the determination by an arbitrator, or a Labour Court, or the Tribunal of any industrial dispute or any matter relating thereto and includes an interim award ; (57) ‘lock-out’ moans the closing of a place of employment or part of such place, or the suspension, wholly or partly, of work by an employer, of refusal, absolute or conditional, by an ‘employer to continue to employ any number of workers employed by him, where such closing, suspension or refusal occurs in connection with the industrial dispute or is intended for the purpose of compelling workers employed to accept certain terms and conditions of or affecting employment ; (58) ‘lay-off? means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stock or the break-down of machinery to give employment to a worker ; (59) ‘power’ means clectrical energy and any other form of energy which is mechanically transmitted and is not generated by human or animal agency ; (60) ‘industry’ weans any business, trade, manufacture, calling, service, employment or ‘occupation 5 (61) ‘industrial establishment’ means any workshop or other establishment in which articles, are produced, adapted or manufactured or where the work of making, altering, repairing, foramenting, finishing or packing or otherwise treating any article or substance, with a view to their use, transport, sale, delivery or disposal, is carried on or such other class of establishments ‘which the Government may, by notification in the official Gazette, declare to be an industrial ‘establishment for the purpose of this Act, and includes any— (a) road transport service or railway transport service, (b) river transport service, (©) airlines, (@), dock, wharf or jetty, (e) mine, quarry, gas-field or oil-field, (plantation, (g) factory, (b) newspaper establishment ; () contractor's or sub-contractor’s establishment for the purpose of construction, reconstruction, repair, alteration or demolition of any building, road, tunnel, drain, 23canal or bridge or ship-breaking or rebuilding or foading or unloading of cargo into vessel or carrying thereof ; (62) “industrial dispute” means any dispute or difference between employers and employers or between employers and workers or between workers and workers which is connected with the employment or non-employment or the terms of employment or the conditions of work of any person ; (63) ‘child’ means a person who has not completed his fourteenth year of age ; (64) ‘Labour Court’ means a Labour Court established under this Act ; (65) ‘worker’ means any person including an apprentice employed in any establishment or industry, either directly or through 2 contractor, to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include a person employed mainly in a managerial or administrative capacity ; (66) ‘week? means a period 6f seven days beginning at 6.00p.m. on Friday or such other night fas may be fixed by the government in relation to an establishment in any area. (67) ‘total disablement’ means such disablement, whether of @ temporary or permanent nature, as incapacitates a worker for all work which he was capable of performing at the time of the accident resulting in such disablement ; Provided that permanent total disablement shall be deemed to result from the permanent total loss of the sight of both eyes or from any combination of injuries specified in the First Schedule where the aggregate percentage of the loss of earning capacity as specified in that Schedule against those injuries, amounts to one hundred per cent ; (68) ‘road transport service’ means a service carrying passengers or goods by road in vehicles for hire or reward ; (69) ‘newspaper’ means any printed periodical work containing public news or comments on public news and includes such other class of printed periodical work as the Government may, by notification in the official Gazette, declare to be newspaper (70) ‘newspaper Press worker ’ means a person who is employed on a whole-time basis in any newspaper establishment for doing any printing work: (71) ‘newspaper establishment” means an éstablishment for the printing, production or publication of any newspaper or for conducting any news agency or news or feature syndicate 5 (72) ‘newspaper worker ’ means a working journalist, an administrative worker or a newspaper press worker: (73) ‘concitiator’ means.a person appointed as such under Chapter XTV ; (74) ‘conciliation proceedings’ means any proceedings before a conciliator; (75) ‘serious bodily injury” means any injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to any limb, or the permanent loss cof or injury of the sight or hearing, or the fracture of any limb or the enforced absence of the injured person from work for a period exceeding twenty days ; (76) ‘decision’ , in relation to a Labour Court, means any decision or order of that Court, other than an award, finally disposing of a case ; (77) ‘scheme’ means scheme made under this Act ; 24CHAPTER IL CONDITIONS OF SERVICE AND EMPLOYME! 3. Conditions of employment ; (1) In every establishment Appointment of workers and other ‘matters incidental thereto shall be regulated in accordance with the provisions of this Chapter: Provided that any establishment may have its own employment rules, but no such rules shall be less favourable to any worker than the provisions of this Chapter. (2) The service rules in any establishment as mentioned in the proviso to sub-section (1) shalt be submitted for approval by the employer of such establishment to the Chief Inspector who shall, ‘within six months of the receipt thereof make such order therein as he deems fit. (3) No service rules as méntioned in sub-section (2) shall be put into effect except with the approval of the Chief Inspector: (4) Any person aggrieved by the order of the Chief Inspector may, within thirty days of the receipt of the order, may prefer appeal to the Government and the order of the Government on such appeal shall be final. (5) Nothing provided in sub-scetion (2) shall apply to an establishment which is owned by or under management or control the Government, 4. Classification of workers and period probation: (1) Workers employed in any establishment shall be classified in any of the following classes according to the nature and condition of work, namely— (a) apprentice, (b) bad, (6) casual, (4) temporary, (e) probationer, and (®) permanent. 2) A worker shall be called an apprentice if he is employed in an establishment as a learner, and is paid an allowance during the period of his training, (3) A worker shall be called a badli if he is employed in an establishment in the post of a permanent worker or of a probationer during the period who is temporarily absent. (4) A worker shall be called a casual worker if his employment in an establishment is casual nature. (5) A worker shall be called a temporary worker if he is employed in an establishment for ‘work which is essentially of temporary nature, and is likely to be finished within a limited period. (6) A worker shall be called a probationer if he is provisionally employed in an establishment to fill a permanent vacancy in a post and has not completed the period of his probation. (7) A worker shall be called a permanent worker if he is employed in an establishment on a permanent basis or if he has satisfactorily completed the period of his probation in the establishment, (8) The period of probation for a worker whose function is clerical nature shall be six months and for other workers such period shall be three months: 25Provided that in the case of a skilled worker, the period of probation may be extended by an additional period of three months if, for any circumstances, it has not been possible to determine the quality of his work within the first three months’ period of his probation. (9) If any worker, whose service has been terminated during his probationary period. including the extended period, is again appointed by the same employer within a period of three ‘years. he shall, unless appointed on @ permanent basis, be deemed to & probationer and the period ‘or periods of his earlier probation shall be counted for determining his total period of probation. (10) If a permanent worker is employed as a probationer in a new post, he may, at any time during the probationary period, be reverted to his old permanent post. 5. Letter of Appointment and Identity Card : No employer shall employ any worker without ziving such worker a letter of appoiniment and every such employed worker shall be provided with an identity card with photograph. 6. Service book : (1) Every employer shall, at his own cost, provide a service book for every worker employed by him. (2) Such service book shall be kept in the custody of the employer. (3) Before employing a worker, the employer shall require from him the previous service book if the worker claims that he has been previously in employment under any other employer. (4) If such worker has any service book, it shall be handed over to the new employer by him and shall be kept in the custody of the employer, for which a receipt shall be given to him. (6) If such worker has no service book, a service book shall be provided under sub-section (1). (6) If the worker desires to keep and maintain a duplicate copy of his service book, he may do it at his own cost. (7) The empioyer shall hand over the service book to the worker on the termination of the workers” service with him, (8) Ifthe service book handed over to the worker or the duplicate thereof maintained by him is lost by the worker, the employer shall provide him with a duplicate service book at the cost of the worker. (9) Nothing in this section shall apply to an apprentice, badli ot casual worker.” 7. Form of Service Book : (1) The service book shail be of such size and in such form as may be prescribed by rules and a photograph of the worker shall be affixed to it (2) The service book shall contain the following particulars, namely: (a) name of the worker, name of mother and father and address of the worker, (in appropriate case name of husband/wife shall be written) (b) date of birth, (©) particulars necessary for identification, (@_ name and address of the employer under whom previously employed, if any, (©) period of employment, (© occupation or designation, (g) wages and allowances (if any), (h) leave availed, and (@ conduct of the worker,8. Entries in the service book : The employer shall at the commencement of the employment ‘and during the continuance of the same, make such entries therein from time to this as are required by this Chapter and the Rules and both the employer and the worker shall sign the eniries as they are made. 9, Workers register and supply of tickets and cards : (1) The employer of every establishment shall maintain a workers register for all workers and. to be available for the Inspector at all times during working hours for inspection, (2) The workers register shall contain the following :(a) the name and date of birth of each worker in the establishment ; (b) date of appointment ; (©) the nature of work ; (8). the periods of work fixed for him ; (©) the intervals for meals and rest to which he is entitled ; (Othe days of rest to which he is entitled ; (g) the group, if any. in which he is included ; (h) where his group works on shifts, the relay to which he is allotted ; and i) such other particulars as may be prescribed by rules; (3) If the Inspector is of opinion that any muster roll or register maintained a part of the routine of an establishment gives in respect of all or any of the workers in the establishment the particulars required under sub-section (2), he may, by order in writing, direct that such muster roll or register shall, to the corresponding extent, be maintained in place of, and be treated as, the register of workers, in that establishment (4) The Government may make rules prescribing the form of the register of workers, the manner in which it shall be maintained and the period for which it shall be preserved. (5) The employer shall supply Tickets or cards for every worker in the following manner (@) every permanent worker shall be provided with a petmanent departmental ticket showing his number ; (b) every badly worker shall be provided with a badly card on which shall be entered the day on which he has worked and which shall be surrendered if he obtains permanent employment ; (©) every temporary worker shall be provided with a temporary ticket which shall be surrendered on his leaving the job or getting a permanent employment ; (4) every casual worker shall be provided with a casual card on which shall bé entered the days on which he has worked in the establishment ; and (©) every apprentice shall be provided with an apprentice card which shall be surendered. if he obtains permanent employment or if he leaves his training, 10. Procedure for leave : (1) A worker who desires to obtain leave of absence shall apply to the employer for the same in writing stating his leave address therein. (2) The employer or his authorised officer shall issue orders on the application within seven days of the application or two days prior to the commencement of leave applied for, whichever is earlier ; Provided that, if , due to urgent reasons the leave applied for is to commence on the date of application or within three days thereof the order shall be given on the same day. 27(3) If the leave asked for is granted, a leave pass shall be issued to the worker. (4) Ifthe leave asked for is refused or postponed, the fact of such refusal or postponement, and the reasons thereof shall be communicated to the worker before the date on which the leave was ‘expected to be commenced. and shall also be recorded in a register to be maintained by the ‘employer for the purpose. (5) If the worker, after convincing of leave, desires an extension thereof, he shall if such leave is due to him, apply sufficiently in advance before the expiry of the leave to the employer who shall, as far as practicable send a written reply either granting or refusing extension of leave to the worker to his leave-address, 11. Payment of wages for unavailed leave : If the services of 2 worker, to whom any annual leave is due, is dispensed with whether as a result of retrenchment, discharge, removal, dismissal, termination, retirement or by reason of his resignation before he has availed of any such leave, the employer shall pay his wages in lieu of the unavalied leave at the rate he is entitled to the payment of wages during the period of leave in accordance with the provisions of this Act. 12, Stoppage of work : (1) The employer may, at any time, in the event of fire, catastrophe, breakdown of machinery, or stoppage of power supply, epidemics, civil commotion or any other cause beyond his control, stop any section or sections of the establishment, wholly or partly for such period as the cause for such stoppage continues to exist. (2) In the event of such stoppage occurring at any time beyond working hours, the employer shall notify the workers affected, by notice posted on the notice board in the section or department concerned or at a conspicuous place in such establishment before the work is due to begin next (3) In the notice mentioned in sub-section (2) direction shall be given indicating as to when the ‘work will be resumed and whether such workers are to remain at their place of work at any time before the actual resumption. (4) In the event of such stoppage occurring at any time during working hours, the workers affected shall be notified, as soon as practicable, in the manner specified in sub-section (2) indicating as to when the work will be resumed and whether such workers are to leave or remain at their place of work. (5) In the case where workers have been directed to stay at their place of work following such stoppage, the workers so detained may not be paid for the period of such detention if it does not ‘exceed one hour, and. the workers so detained shall be paid wages for the whole period of such detention if it exceeds one hour. (6) If the period of stoppage of work does not exceed one working day, a worker, unless entitled to wages under sub-section (5), may not be paid any wages. (7) If the period of stoppage of work continues for more than a working day, a worker affected, other than a casual or badli worker, shall be paid wages for day or day by which it will exceed one working day. (8) If the period of stoppage of work extends beyond three working days, the workers may be laid-off in accordance with the provisions of section 16. (9) A lay-off mentioned in sub-section (8) shall be effective from the day of stoppage of work and any wage paid to a worker for the first three days may be adjusted against the compensation payable for such subsequent layoff, 28(10) For the piece-rate workers affected, their average daily earning in the previous month shall be taken (o be the daily wage for the purpose of the sub-section 13. Closure of establishment : (1) The employer may, in the event of an illegal strike by any seotion or department of any establishment, close. down either wholly or partly such section or department and the workers participated in the illegal strike shall not be paid any wages for such closure. (2) Where by reason of closing down of any section or department of any establishment under sub-section (1), any other section or department is so affected that it is not possible to keep that section or department open, that section or department may also be closed down and the workers affected thereby shall be paid wages as in the case of lay-off for a period of three days and thereafter they may not be paid any wages for such closure. (3) The fact of such closure shall be notified by the employer, as soon as practicable, by notice posted on the notice board in the section or department concerned or at a conspicuous place in the establishment and the fact of resumption of work, following such closure, shall likewise be notified 14, Calculation of ‘one year’, ‘six months’ and ‘wages’ in certain cases : (1) For the purpose of this Chapter, a worker who, during the preceding twelve calendar months, has actually worked in an establishment for not less than two hundred and forty days or one hundred and twenty days as the case may be, shall be deemed to have completed ‘one year" or ‘six months’ respectively of continuous service in the establishment. 2) For the purpose of calculation of the number of days on which a worker actually worked in ‘an establishment as mentioned in sub-section (1) the days on which— (a) the days during which he has been laid-off ; (b) he:has been on leave with or without wages due to illness or accident ; (©) he hes been on legal strike or out of work due to illegal lock-out ; (@) in the case of female worker, she has been on maternity leave not exceeding sixteen weeks; shall be counted. (3) For the purpose of calculation of compensation under section 19, 20 oF 23 or wages under section 22, 23, 26 or 27 ‘wages shall mean the average of the basic wages and deamess allowance ‘and ad-hoc or interim pay, if any, paid to the worker during the period of twelve months immediately preceding the cate of his retrenchment, dismissal, removal, discharge, retirement or termination of employment, as the case may be. 15. Restrictions of application of sections 12, 16, 17, and 18. : Notwithstanding anything, contained elsewhere in this Chapter, the provisions of sections 12, 16, 17, and 18 shall not apply to any establishment in which five or more workers are not employed, or were not employed on any day of the preceding twelve months. 16, Right of laid-off workers for compensation : (1) Whenever a worker, other than a badli or ‘casual worker, whose name is borne on the muster-rolls of an establishment and who has ‘completed not less than one year of continuous service under the employer is laid-off, he shall be paid compensation by the employer for all days during which he is so laid-off, except for such ‘weekly holidays as may intervene. (2) The amount of compensation as mentioned in sub-section (1) shall be equal half of the total basic wages and deamess allowance, and ad-hoc or interim pay, if any, and the full amount of housing allowance, if any, that would have been payable to him had he not been so laid-off, 29(3) A badli worker whose name is bore on the muster-rolls of an establishment shall cease to be regarded as “badii’ for the purpose of this section, if he has completed one year of continuous service in the establishment. (4) No worker shall, unless there is an agreement to the contrary between the worker and the employer, be entitled (0 the payment of compensation under this section for more than forty-five days during any calendar year (5) Notwithstanding anything contained in sub-section (4), if during a calender year a worker is laid-off for more than forty-five days, whether continuously or intermittently, and the lay-off after the expiry of the first forty-five days comprises period or periods of fifteen days or more, the ‘worker shall, unless there is an agreement to the contrary between the worker and the employcr, be paid compensation for all che days comprised in every subsequent period of lay-off for fifteen days or more. (6) The amount of compensation as mentioned in sub-section (5) shall be equal to one-fourth of the total basic wages and dearness allowance, and ad-hoc or interim pay, if any, and the full amount of housing allowance, if any. (7) In any case where, during a calender year, a worker is to be laid-off after the first forty-five ddays as aforesaid, for any continuous period of fifteen days or more, the employer may, instead of laying-off such a worker, retrench him under section 20. 17. Muster-roll for laid-off workers : Notwithstanding that the workers employed in an establishment have been laid-off, the employer shall maintain a muster-roll, and provide for the ‘making of entries therein by or for the laid-off workers whom may present themselves for work at the establishment at the appointed time during normal working hours 18. Laid-off workers not entitled (o compensation in certain cases : (1) Notwithstanding anything contained elsewhere in this Chapter, no compensation shall be payable to a worker who has been laid-off— (@) if he refuses to accept on the same wages, any altemative employment not requiring any special skill or previous experience, in the same establishment for which he has been laid-off, or in any other establishment belonging to the same employer and situated in the same town or village or situated within a radius of eight kilometres from the establishment ; (b) if he does not present himself for work at the establishment at the appointed time during normal working hours at least once a day if so required by the employer. (2) For the purpose of sub-section (1) (b), every laid-off worker who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself, shall be deemed to have been laid-off for that day within the meaning of this section, (3) Ifa laid-of worker who presents himself for work as mentioned in sub-section (2), instead of being given employment at the commencement of any shift for any day, is asked to present himself for the. purpose during the second half of the shift for the day, and if she so presents himself, he shall be deemed to have been laid-off only for one-half of that day, the other half being treated as on duty, irespective of the fact whether he is given work or not. 19, Death benefit : If a worker dies while in service after a continuous service of not less than three years, his nominee or in the absence of any nominee, his dependant shall be paid by the employer a compensation at the rate of thirty days wages for every completed year of service, or for aiyy part thereof in excess of six months or gratuity, if any. whichever is higher and in addition 30to any other benefit to which the deceased worker would have been entitled had he retired from service: Provided that if such worker is covered by any compulsory insurance scheme of the establishment, or, if any compensation is payable for such death under Chapter XIL, the worker shall be entitled to whichever is higher. 20. Retrenchment : (1) A worker employed in an establishment may be retrenched from service on the ground of redundancy. (2) No worker who has been in continuous service for not less than one year under an ‘employer shall be retrenched by the employer unfess~ (a) the worker has been given one month's notice in writing, indicating the reasons for retrenchment, or the worker has been paid in lieu of such notice, wages for the period of notice ; (b) a copy of the notice is sent to the Chief Inspector or any other officer authorised by him. and also to the collective bargaining agent in the establishment, if any ; and (©) she has been paid, compensation which shall be equivalent to thirty days wages or gratuity for every completed year of service if any, whichever is higher. (3) Notwithstanding anything contained in sub-section (2), in the case of retrenchment of a worker under section 16(7), no notice as mentioned in sub-section (2) (a) shall be necessary ; but the worker so retrenched, shall be paid fifteen days wages in addition to the compensation or gratuity, as the case may be, which may be payable to him under sub-section (2) (c). (4) Where any worker belonging to a particular category of workers is to be retrenched, the employer shall, in the absence of any agreement between him and the worker in this behalf, retrench the worker who was the last person to be employed in that category. 21. Re-employment of retrenched workers : Where any number of workers are retrenched, and the employer proposes to take into her employ any worker within a period of one year trom the. date of such retrenchment, she shall give an opportunity to the retrenched workers belonging to the particular category concemed by sending a notice to their last known addresses, to offer themselves for employment, and the retrenched workers who so offer themselves for re- employment shall have preference over other retrenched workers, each having priority according to the length of her service under the employer. 22. Discharge from service : (1) A worker may be discharged from service for reasons of physical or mental incapacity or continued ill-health certified by a registered medical practitioner. (2) If a worker who has completed not less than one year of continuous service is so discharged, he shall be paid by the employer compensation at the rate of thirty days wages for every completed year of service, or gratuity, if any, whichever is higher. 23. Punishment for conviction and misconduct : (1) Notwithstanding anything regarding lay- off, retrenchment, discharge and termination of service as provided elsewhere in this Act, ‘worker may be dismissed without prior notice or pay in lieu thereof if be is — (a) convicted for any criminal offence ; or (b) he is found guilty of misconduct under section 24, (2) Any worker is found guilty of misconduct may, instead of being dismissed under sub- section (1), in consideration of any extenuating circumstances, be awarded any of the following punishments, namely (a) removal ; 31(b) reduction to a lower post, grade or scale of paying for a period not exceeding one year 5 (©) stoppage of promotion for 2 period not exceeding one year 5 (@) withholding of increment for a period not exceeding one year ; (©) fine; (suspension without wages and subsistence allowance for a period not exceeding seven days: (g) censure and warning, (3) A worker who is dismissed under sub-section (1) or removed as measure of punishment under sub-section (2)(a) shall, if his continuous service is not less than one year, be paid by the employer compensation at the rate of fourteen days wages for every completed year of service, or sgratuity, if any, whichever is higher Provided that no compensation shall be payable if the worker is dismissed for misconduct as specified in sub-section (4) (b). (4) The following acts and omissions shall be treated as misconduct— (a) willful insubordination or disobedience, whether alone or in combination with others to any lawful or reasonable order of a supetior ; (b) theft, fraud or dishonesty in connection with the employer's business or property ; (c) taking or giving bribe in connection with his or any other worker's employment under the employer ; (d) habitual absence without leave or absence without leave for more than ten days ; (c) habitual fate attendance; (6) habitual breach of any law or rule or regulation applicable to the establishment ; (g) riotous or disorderly behavior in the establishment, or any act subversive of discipline ; (h) habitual negligence work ; {j) habitual breach of any rule of employment, including conduct or discipline, approved by the Chief Inspector ; ( falsifying, tampering with, damaging or causing loss of employers official records. (5) If a worker who is dismissed from service under sub-section (1) (a), is acquitted on an appeal, he will be reinstated to his original post without back wages or to any new post suitable to hhim ; and if such reinstatement is not possible, he shall be paid compensation at the rate payable to a person on discharge excluding the compensation already paid to him for his dismissal 24. Procedure for punishment. (1) No order of punishment under section 23 shall be made against a worker unless (a) the allegations against him are lodged in writing ; (b) he is given a copy thereof and not less than seven day's time to explain ; (©) he is given an opportunity of being heard ; (@) he is found guilty, after enquiry (@) the employer or the manager approves of such order. (2) A worker charged for misconduct may be suspended pending enquiry into the charges against him and unless the matter is pending before any Court, the period of such suspension shall noi exceed sixty days Provided that during the period of such suspension, a worker shall be paid by his employer a subsistence allowance equivalent to half of his average wages, and dearness allowance and ad hoc or interim pay. if any. 32(3) An onder of suspension shall be in writing and shall take effect immediately on delivery to the worker (4) In an enquiry the accused worker may be helped by any person nominated by him who is ‘employed in the establishment. (5) If in an enquiry, any oral evidence is given on behalf of any party, the party against whom the evidence is given may cross examine the witness (6) If, on enquiry, 2 worker is found guilty and is punished under section 23(1), he shall not be emfitied to his wages for any petiod of suspension but shall be entitled to the subsistence allowance for such period. (2) If the charges against the worker is not proved in the enquiry, he shall be deemed to have been on duty for the period of suspension for enquiry, if any, and shall be entitled to his wages for such period of suspension and the subsistence allowance shall be adjusted accordingly. (8) In cases of punishment, a copy of the order inflicting such punishment shall be supplied to the worker concerned. (0) If a worker refuses to accept any notice, leter, charge-sheet, order or any other document ‘addressed to him by the employer, it shall be deemed that such notice, letter, charge-sheet, order or the document has been delivered to him, if a copy of the same has been exhibited on the notice board and another copy has been sent to the address of the worker as available from the records of the employer, by registered post. (10) In awarding punishment, the employer shall take into account the previous record of the ‘worker concerned, the gravity of the misconduct, and any other that may exist 25. Special provisions relating to fine : (1) No fine exceeding one-tenth of the wages payable to a worker in respect of 2 wage-period may be imposed in any one wage-period on any worker, (2) No fine shall be imposed on @ worker wh (3) No fine imposed on any worker shall be recovered from him by instalments or after the expiry of sixty days from the day on which it was imposed. (4) Every fine shall be deemed to have been imposed or the day of the commission of the ‘offence in respect of which it was imposed (5) All fines and all realisations thereof shall be recorded in a prescribed register to be kept by the employer and all such realisations shall be spent only to such purposes beneficial to the ‘workers employed in the establishment. under the age of fifteen years. 26. Termination of employment by employers otherwise than by dismissal, ete. : (1) The ‘employment of a permanent worker may be terminated by the employer. otherwise, than in the manner provided else-where in this Chapter, by giving to him in writing — (a) one hundred and twenty days’ notice, if he is a monthly rated worker ; (b) sinty days" notice, in ease of other worker. (2) The employment of a temporary worker may be terminated by the employer, otherwise than in the manner provided elsewhere in this Chapter, and if it is not due to the completion, ‘cessation, abolition or discontinuance of the temporary work for which he was appointed, by giving to him in writing (a) thirty day's notice, if he is a monthly rated worker (b) fourteen days notice, in case of other worker. G) Where an employer intends to terminate the employment of a worker without any notice, he may do so by paying to the worker, wages in lieu of the notice, which is required to be given under sub-section (1) or (2), as the case may be. 33.(4) Where the employment of a permanent worker is terminated under this section, he shall be paid by the employer compensation at the rate of thirty days’ wages for every completed year of service or gratuity, if any, whichever is higher, in addition to any other benefit to which he may be entitled under this Act. 27. Termination of employment by workers : (1) A permanent worker may resign from his service by giving to the employer in writing sixty day's notice. (2) A temporary worker may resign from his service by giving to the employer in writing (a) thirty days’ notice, if he is a monthly rated worker (b) fourteen days notice in case of other worker: (3) Where a worker intends to resign from his service without any notice, he may do so by paying to the employer wages in lieu of the notice which is required to be given under sub-section (1) oF Q). as the case may be. (4) Where a permanent worker resigns from his service under this section, he shall be paid by the employer compensation— (a) at the rate of fourteen days’ wages for every completed year of service, if he has completed five years of continuous service or more but less than ten years ; (b) at the rate of thirty days’ wages for every completed year of service, if he has completed ten years.of continuous service or more; or gratuity, if any, whichever is higher, in addition to any other benefit to which he may be entitled under this Act. 28. Retirement of worker : (1) A worker employed in any establishment shall, notwithstanding anything contained elsewhere in this Chapter, retire from employment ipso facto on the completion of the fifty-seventh year of his age. (2) For the purpose of counting age of the worker under this section the date of birth recorded in the service book of the concerned worker shall be the conclusive proof. (3) Every retiring worker under the provisions of section 26(4) or under own service rule of the establishment, shall be paid his benefits due to him, (4) Appropriate authority, if thinks proper, may aflerwards, employ the retiring worker under contract 29, Payment of Provident Fund ; No worker, who is a member of any Provident Fund, shall be deprived duc to retrenchment, dismissal, removal, discharge or termination of service of the benefit of the Provident Fund including the employer's contribution thereto, if he is entitled to it under the rules of that Fund, 30. Time limit of final payment of worker : Where the employment of a worker has been ceased due to a retirement, discharge, retrenchment, dismissal and termination etc. all amounts due to him shall be paid within maximurn thiety working days by the employer. 31. Certificate of service : Every worker other than a casual or badli worker shall be entitled (0 a certificate of service from his employer at the tine of his retrenchment, discharge, dismissal, Temoval, retirement or termination of service. 32. Eviction from residential accommodation : (1) A worker occupying a residential ‘accommodation provided by his employer, whose service has been ceased by any means, shall vacate such residential accommodation within a period of sixty days from the date of cessation of employment, 34(2) On default of a worker in vacating the residential accommodation within such time, the employer may lodge a complain to the Labour Court (3) The Court, on hearing the parties, may, summarily decide the case and direct the worker to vacate the residential accommodation within reasonable time. (4) The Court may also pass an order directing a police officer to evict such a worker, if necessary, by force, in case he fails to quit residential accommodation within the specified time. (5) The police officer, while acting under an order of the Court under sub-section (4), shall notify the occupants of the premises in question the contents of the Court's order and his intention to enter into such premises and shall allow at least six hours” time to the occupants to vacate the wemises and shall give all reasonable facilities to the children before applying any force for aking over the possession of such premises. 33. Grievance procedure : (1) Any worker, including a worker who has been laid-off, retrenched, discharged, dismissed, removed, or otherwise removed from employment, who has ‘gtievance in respect of any matter covered under this Chapter, and intends to seek redress thereof under this section, shall submit his grievance to his employer, in writing, by registered post within thirty days of being informed of the cause of such grievance. Provided that if the employer acknowledges receipt of the grievance, in that case the service by registered post shall not be essential. 2) The employer shall within fifieen days of receipt of such grievance, enquire into the matter, give the worker an opportunity of being heard and communicate his decision, in writing to him, (3) If the employer fails to give a decision under sub-section (2) or if the worker is dissatisfied with such decision, he may make a complain in writing to the Labour Court within thiny days, from the last date under sub-section (2) or within thirty days from the date of the decision, as the case may be. (4) The Labour Court shall, on receipt of the complaint hear the parties after giving notice to them and make such orders as it my deem just and proper. (5) The Labour Court, may amongst other relief, direct reinstatement of the complainant in service, either with or without back wages and convert the order of dismissal, removal or discharge to any other lesser punishment specified in section 23(2). (6) Any person aggrieved by an order of the Labour Court, may, within thirty days of the ‘order, prefer an appeal to the Tribunal, and the decision of the Tribunal on such appeal shall be final (1) No court-fees shall be payable for lodging complaint or appeal under this section, (8) No complaint under this section shall amount to prosecution under this Act. (9) Notwithstanding anything contained in this section, no complaint shall lie against an order of termination of employment of a worker under section 26, unless such order is alleged to have been made for his trade union activities or passed motivatedly or unless the worker concerned has bbeen deprived of the benefits specified in that section. 35CHAPTER : III EMPLOYMENT OF ADOLESCENT ‘H, Prohibition of employment of children and adoteseent : (1) No child shall be employed or permitted to work in any occupation or establishment. (2) No adolescent shall be employed or permitted to work in any occupation or establishment, unless: (2) a certificate of fitness in the prescribed form and granted to him by a registered ‘medical practitioner is in the custody of the employer ; and (b) he carries, while at work, a token giving a reference to such certificate. (3) Nothing in this sub-section (2), shall apply to the employment of any adolescent in any ‘occupation or establishment either as an apprentice or for the purpose or receiving vocational training therein: (4) The Government may, where itis of opinion that an emergency has arisen and the public interest s0 requires, by notification in the official Gazette, declare that the provisions of this sub- section (2), shall not be in operation for such period as may be specified in the notification. 35. Prohibition of certain agreement in respect of children : Subject to the provisions of this, Chapter, no person, being the parent or guardian of a child, shall make an agreement, to allow the service of the child to be utilised in any employment. Explanation : In this section, ‘guardian’ includes any person having legal custody of or control over a chil. 36. Disputes as to age : (1) If any question arises as to whether any person is a child or an adolescent, the question shall, in the absence of a certificate as to the age of such person granted by a registered medical practitioner, be referred by the Inspector for decision to a registered medical practitioner. (2) A certificate as to age of a person to be granted by a registered medical practitioner as mentioned in sub-section (1), shall be conclusive evidence as to age of the person to whom it relates 37. Certificate of fitness : (1) A registered medical practitioner shall, on the application of any adolescent or his parent or guardian or by the employer whether the concerned adolescent is fit for work in any occupation or establishment, examine such person and shall give his decision as to his fitness : Provided that when such application is made by the adolescent or his parent or guardian, the application shall be accompanied by a document signed by the employer in whose establishment the adolescent is an applicant, stating that such person will be employed if certified to be fit for work (2) Any certificate of fitness granted under this section shall remain valid for a period of twelve months from the date on which it was issued. (3) Any fee payable for a certificate under this section shall be paid by the employer and shall not be recoverable from the adolescent or his parents or guardians 38, Power to require medical examination : Where an Inspector is of opinion— (a) that any person working in an establishment is an adolescent, but he has no certificate of fitness, oF 36(b) that an adolescent working in an establishment with a certificate of fitness is no longer fil to work in the capacity stated therein, he may serve on the employer a notice requiring that such adolescent shall be examined by a registered medical practitioner and may direct that such adolescent shall be allowed to work until he has been so examined and has been granted a certificate of fitness or has been certified by the registered medical practitioner not to be an adolescent. 39, Restriction of employment of adolescent in certain work : No adolescent shall be allowed in any establishment to clean, lubricate of adjust any part of machinery while that part is in motion of to work between moving parts or between fixed and moving parts. of any machinery which isin motion 40. Employment of adolescent on dangerous machines : (1) No adolescent shall work at any machine unless (a) he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed, and— (b) has received sufficient training in work at the machine, or is under adequate supervision by a person who has through knowledge and experience of the machine, (2) This provision shall apply to such machines as may be notified by the Government to be of such a dangerous character that an adolescent ought not to Work at them unless the requirements of sub-section (1) are complied with, (3) The Government may from time to time publish in the official gazette the list such of hazardous works where, no adolescent shall be employed 41. Working hours for adolescent : (1) No adolescent shall be required or allowed to work in any factory or mine, for more than five hours in any day and thirty hours in any week ; (2) No adolescent shall be allowed to work in any other establishment, for more than seven hours in a day and forty-two hours in a week. (3) No adolescent shall be allowed to work in any establishment between the hours of 7.00 p.m. and 7.00 a.m. (4) If an adolescent works overtime, the total number of hours worked, including overtime, shall not exceed: {a) im any factory or mine, thirty six hours in any week ; (b) in any other establishment, forty eight hours in any week. (5) The period of work of an adolescent employed in an establishment shall be limited to two shifts which shall not overlap or spread over more than seven and a half hours each, (6) An adolescent shall be employed in only one of the relays which shall not, except with the previous permission in waiting of the Inspector, be changed more frequently than once in a period of thirty days. (7)'The provisions of weekly holiday shall apply also to adolescent workers, and no exemption {from the provisions of that section shall be granted in respect of any adolescent. (8) No adolescent shall be required or allowed to work in more than one establishment in any. day. Prohibition of employment of adolescent in underground and under-water work: No adolescent shall be employed in any underground or underwater work, 3743. Notice of periods of work for adolescent : (1) In every establishment in which adolescent are employed, there shall he displaycd in the manner presctibed by rules, a notice of specified working hours , certain periods of work for adolescent. (2) The periods shown in the notice under sub-section (1) shall be fixed beforehand in the manner laid down for adult workers and shall be such that adolescent working on those periods would not be working in contravention of this Act (3) The relevant provisions laid down for adult workers in the occupation or establishment shail also apply to the notice under sub-section (1). (4) The Government may make tules to prescribe the form of such notice and the manner in-which it shall be maintained. 44. Exception in certain cases of employment of children : (1) Notwithstanding anything, contained in this Chapter, a child who has completed twelve years of age, may be employed in such light work as not to endanger his health and development or interfere with his education Provided that the hours of work of such child, where he is school going, shall be so arranged that they do not interfere with his school attendance. 2) All provisions applicable to an adolescent workers under this Chapter shall mutatis- mutandis apply to such child workers. 38CHAPTER: IV MATERNITY BENEFIT 43, Employment of women worker prohibited during certain period : (1) No employer shall knowingly engage in anyone a worvan in his establishment during the cight weeks immediately {allowing the day of her delivery. (2) No woman shall work in any establishment during the cight weeks immediately following the day of her delivery. (3) No employer shall employ any woman for doing any work which is of an arduous nature or which involves long hours of standing or which is likely to adversely affect her health; if- (a) he has reason to believe or if she has informed him that she is likely to be delivered of a child within ten weeks ; (b) she has to the knowledge of the employer been delivered of a child within the preceding ten weeks Provided that in case of tea plantation worker, a woman worker can undertake light work if and for so long as the medical practitioner of the concerned tea estate certifies that she is physically fit to do so ; and, for the days that she does such work, she shall be paid at the prevailing rate of pay for such work, and such pay shall be paid to her in addition ¢o the maternity benefit which she may be entitled to receive under existing this Act. 46. Worker's Right to get and employer’s responsibility to pay for, payment of maternity benefit : (1) Every woman employed in an establishment shall be entitled (o, and her employer shall be fiable for, the payment of maternity benefit in respect of the period of cight weeks preceding the expected day of her delivery and eight weeks immediately following the day of her delivery: Provided that a woman shall not be entitled to such maternity benefit unless she has worked under the employer, for a period of not less than six months immediately preceding the day of ber delivery. (2) No maternity benefit shall be payable to any wornan if at the time of her confinement she has two or more surviving children, but in that case she shall be entitled to the leave to which she would otherwise be entitled. 47. Procedure regarding payment of maternity benefit : (1) Any pregnant woman entitled to maternity benefit under this Act may, on any day, give notice either orally or in writing to her employer that she expects to be confined within cight weeks next following and may therein nominate a person for purposes of receiving payment of matemity benefit in case of her death (2) Any woman who has not given such notice and has been delivered of a child, shall, within seven days, give similar notice to her employer that she has given birth to a child. (3) When a notice referred to in sub-section (1) of (2) is received, the employer shall permit the women to absent herself from work (a) from the day following the date of not (b) from the day of delivery in the case mentioned in sub-section (2) until eight weeks after the day of delivery in the case mentioned in sub-section (1); (4) An employer shall pay maternity benefit to a woman entitled thereto in such one of the following ways as the woman desire, namely: 39(a) for eight weeks, within three working days of the production of a certificate signed by registered medical practitioner stating that the woman is expected to be confined within eight weeks of the date of the certificate, and-for the remainder of the period for which she is entitled to maternity benefit under this Act within three working days of the production of proof that she has given birth to a child ; or (b) for the said period up to and including the day of delivery, within three working days of the production of proof that she has given birth to a child, and for the remainder of the said period, within eight weeks of the production of such proof ; oF (©) for the whole of the said period, within three working days of the production of proof, that she has given birth to a child: Provided that a woman shall not be enfitied to any maternity benefit or any part thereof, the payment of which is dependent upon the production of proof under this sub-section that she has given birth to a child, unless such proof is produced within three months of the day of her delivery (5) The proof required to be produced under sub-section (4) shall be either a certified extract from a birth register under the Births and Deaths Registration Act, 2004 (XXIX of 2004), or a certificate signed by a registered medical practitioner or such other proof as may be accepted by the employer. 48, Amount of maternity benefit : (1) The maternity benefit which is payable under this Act shall be payable at the rate of daily, weekly or monthly average wages, as the case may be, calculated in the manner laid down-in sub-section (2), and such payment shall be made wholly in cash, (2) For the purpose of sub-section (1) the daily. weekly or monthly average wages, as the case may be, shall be calculated by dividing the total wages eamed by the woman during the three months immediately preceding the date on which she gives notice under this Act by the number of day she actually worked during the period 49, Payment of maternity benefit in case of a woman's death : (1) If a woman entitled to maternity benefit under this Act dies at the time of her detivery or during the next period of 8 montis, the employer shall pay the amount of maternity benefit due, if the newly bom child survives her, to the person who undertakes the care of the child, and if the child does not survive hor ; to the person nominated by her under this Chapter, or if she has made no such nomination, to her legal representative. (2) If a woman dies during the period for which she is entitled to maternity benefit but before giving birth to a child, the employer shalt be liable only for the period up to and including the day of her death. provided that any sum already paid to her in excess of such liability shall not be recoverable rom her legal representative, and any amount due at the wornan’s death shall be paid to the person nominated by her under this chapter, or if she has made no such nomination, to her legal representative. 50. Restriction on termination of employment of a woman in certain eases : If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a ‘woman within a period of six months before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under this chapter.CHAPTER: V HEALTH AND HYGIENE, 51. Cleanliness : Hvery establishment shall be kept clean and free from effluvia arising from any drain, privy or other nuisance, and in particular (a) accumulation of dirt and refuge shall be removed daily by sweeping or by any other effective method from the floors and benches of work-rooms and from staircases and passage and disposed of in a suitable manner ; (b) the floor of every work-room shall be cleaned at least once in every week by washing, using disinfectant where necessary or by some other effective method: (c) where the floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained. effective means of drainage shall be provided and maintained; (@) all inside walls and partitions, all ceilings, or tops of rooms, and walls, side and tops or passages an staircases shall— where they are painted or varnished, be repainted or revarnished at Teast once in every three. years, (ii) where they are painted or varnished and have smooth imperious surface, be cleaned at least once in every fourteenth months, by such methods as may be prescribed, (ii) im any other case, be kept white-washed or colour-washed and the white-washing or coiour-washing shall be carried out at least once in every fourteen months : and (6) the date on which the processes required by clause (d) arc carried out shall be entered in the prescribed register. '52, Ventilation ani temperature : (1) Effective and suitable provisions shall be made in every establishment for securing and maintaining in every work-room adequate ventilation by the circulation of fresh air 5 (2) such temperature as wil} secure to workers therein reasonable conditions of comfort and prevent injury to health (3) the walls and roofs, as-required by sub-section (2), shall be of such material and so designed that such temperature shall not be exceeded but kept as low as practicable; (4) where the nature of the work carried on in the establishment involves, or is likely to involve, the production of excessively high temperature, such adequate measures as are practicable, shall be taken to protect the workers there from by separating the process which produces such temperature from the work-room by insulating the hot parts or by other effective means. (©) If it appears to the Government that in any establishment or class or description of ‘establishments excessively high temperature can be reduced by such methods as white-washing, spraying or insulating and screening outside walls or roofs or windows or by raising the level of the roof, or by insulating the roof either by an air space and double roof or by the use of insulating roof materials, or by other methods, it may prescribe such of those or other methods to be adopted in the establishment 53. Dust and fume : (1) In every establishment in which, by reason of any manufacturing process catried on, there is given off any dust or fume or other impurity of such a nature and {0 such an 4extent as is likely to be injurious or offensive to the workers employed therein, effective measures. shall be taken to prevent its uccumulation in any work-room ard it inhalation by workers. and if any exhaust appliance is necessary for this purpose, it shall he applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible (2) In any establishment no stationary internal combustion engine shall be operated unless the exhaust is conducted into open air, and no intemal combustion engine shall be operated in any room unless effective measures have been taken to prevent such accumnufation of furnes therefrom as are likely Lo be injurious to the workers employed in the work-room, 54, Disposal of wastes and effluents : Effective arrangements shail be made in every establishment for disposal of wastes and effluents due to the manufacturing process carried on therein, SS. Artificial humidification : (1) In any establishment in which the humidity of the air is atificially increased, the water used for the purpose shall be taken from a public supply. oF other source of drinking water, or shall be effectively purified before itis so used. (2) If it appears to an Inspector that the water used in an establishment for increasing humidity which is required to be effectively purified under sub-section (1) is not effectively purified, he may serve on the employer of the establishment an order in writing, specifying the measures which, in his opinion, should be adopted. and requiring them to be carried out before a specified date. 56. Overerowding : (1) No work-room in any establishment shal] be overcrowded to an extent injurious to the health of the workers employed therein. (2) Without prejudice to the generality of the provisions of sub-section (1). there shall be provided for every worker employed in a work-room at least 9.5 cubic metre of space in the ‘establishment, Explanation : For the purpose of this sub-section no account shall be taken of a space which is more than 4.25 metre above the level of the floor of the room. (3) If the Chief Inspector by order in writing so requires, there shall be posted in each work- room of an establishment 2 notice specifying the maximum number of workers who may, in compliance with the provisions of this section, be employed in the room. (4) The Chief inspector may, by order in writing, exempt, subject to such conditions as he may think fit to impose, any work-room from the provisions of this section if he is satisfied that compliance therewith in respect of such room is not necessary for the purpose of health of the workers employed therein. 57. Lighting : (1) In every part of an establishment where workers are working or passing, there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both. (2) In every establishment all glazed windows and skylights used for the lighting of the work- room shall be kept clean on both the outer and inner surfaces and free from obstruction as far as possible. (3) In every establishment effective provisions shall, so far as is practicable, be made for the prevention of= (a) glare either di and ctly from any surface of light or by reflection fom or polished surface. 42 | |(b) the formation of shadows to such an extent as to cause eye strain or risk of accident 10 any worker. 58. Drinking water : (1) In every establishment effective arrangement shall be made to provide and maintain at a suitable point conveniently situated for all workers employed therein, a suflicient supply of wholesome drinking water (2) All such points where water is supplied shall be legibly marked “Drinking Water’ in Bangla G3) In every establishment wherein two hundred fifty or mote workers are ordinarily employed, provision shall be made for cooling the drinking water during the hot weather by effective means and for distribution thereof. (4) Where dehydration occurs in the body of workers due to work near machineries creating excessive heat. there workers shall be provided with oral re-hydration therapy. 59, Latrines and urinals: In every establishment~ (a) sufficient latrines and urinals of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are in the establishment ; (b) such faurines and urinals shall be provided separately for male and female workers : (c) such latrines and urinals shall be adequately lighted and ventilated (d) all such latrines and urinals shall be maintained in a clean and sanitary condition at all times with suitable detergents and disinfectants. 60. Dust bean and Spittoon : (1) In every establishment there shall be provided, at convenient places. sufficient number of dust beans and spittoons which shall be maintained in a clean and hygienic condition (2) No person shall throw any dirt or spit within the premises of an establishment except in the dust beans and spittoons provided for the purpose. (3) A notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises. 4BCHAPTER: VI SAFETY 61. Safety of building and machinery : (1) If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in an establishment is in such a condition that it is dangerous to human life or safety, he may serve on the employer of the establishment an order in writing specifying the measures which, in his opinion, should be adopted, and requiring them to be carried out before a specified date. (2) If it appears to the Inspector that the use of any building or part of a building or of any part of the ways, machinery or plant in the establishment involves imminent danger to human life or safety, he may serve on the employer of the establishment an order in writing prohibiting its use until it has been properly repaired or altered. 62, Precaution in case of fire : (1) Every establishment shall be provided with at least one alternative connecting stairway with each floor and such means of escape in case of fire and fire- fighting apparatus, as may be prescribed by rules. 2) If it appears to the Inspector that any establishment is not provided with the means of escape prescribed under sub-section (1) he may serve on the employer of the establishment an order in writing specifying the measures which, in his opinion, should be adopted before a date specified in the order (3) In every establishment the doors affording exit from any room shall not be locked or fastened so that they can be easily and immediately opened from inside while any person is within the room and all such doors, unless they are of the sliding type, shall be constructed to ‘open outwards or where the door is between two rooms, and all such doors, unless they are of the sliding type, shall be constructed to open outwards or where the door is between two rooms, in the direction of the nearest exit from the building and.no such door shall be locked or obstructed while: work is being carried on in the room. (4) In every establishment every window, door, or other exit affording means of escape in case of fire, other than the means of exit in ordinary use, shall be distinctively marked in Bangla and in red letters of adequate size or by some other effective and clearly understood sign. (5) In every establishment there shall be provided effective and clearly audible means of giving warning in case of fire t0 every person employed therein. (6) A fice passage-way giving access to each means of escape in case of fire shall be maintained for the use of all workers in every room of the establishment. (7) In every establishment wherein more than ten workers are ordinarily employed in any place above the ground floor, or explosive or highly inflammable materials are used or stored, effective measures shall be taken to cnsure that all the workers are familiar with the means of escape in case of fire and have been adequately trained in the routine to be followed in such case. (8) In factories wherein fifly or more workers and employees are cmployed shall arrange at least once in a year a mock fire-fighting and the employer shall maintain a book of recosds in this regard. 63. Fencing of machinery ~ (1) In every establishment the Following shall be securely fenced by the safeguards of substantial construction which shall be kept in position while the part of machinery required to be fenced are in motion or in use, namely (a) every moving part of a prime mover, and every fly wheel connected to a prime mover ; (b) the head-race and tail-race of every water whee! and water turbine; 44(©) any past of a stock-bar which projects beyond the head stock of a lathe; and (@) unless they are in such position or of such construction as to be as safe 10 every person ‘employed in the establishment as they would be if they were securely fenced- (i) every part of an electric generator.- a motor or rotary converter, (ii) every part of transmission machinery, and (iii) every dangerous part of any machinery : Provided that, for the purpose of determining whether any part of machinery is safe as aforesaid, account shall not be taken of any occasion when it being necessary to make an examination of the machinery while it is in motion, such examination or operation is made or carried in accordance with the provisions of section 64. (2) Without prejudice to any other provision of this Act relating to the fencing of machinery, every set screw, bolt and key on any revolving shaft, spindle wheel ot pinion and all spur, worm ‘and other toothed or friction gearing in motion with which such worker would otherwise be liable to come into contact, shall be securely fenced, to prevent such contact. 64. Work on or near machinery in motion : (1) Where in any establishment it becomes ‘necessary to examine any part of machinery referred to in section 61 while the machinery is in motion or as a result of such examination to carry out any mounting or shipping of belts, lubrication or other adjusting operation while the machinery is in motion such examination or operation shalt be made or carried out only by a specially trained adult male worker wearing, tight-fitting clothing whose name has been recorded in the register prescribed in this bebalf and while he is so engaged such worker shall not handle a belt at a moving pulley unless the belt is, less than fifteen centimeters in width and unless the belt-joint is either laced or flush with the belt. (2) The Government may, by notification in the official Gazette, prohibit, in any specified establishment or class or description of establishments, the cleaning, lubricating, or adjusting by any person of specified part of machinery when those parts are in motion. 65. Striking gear and devices for cutting off power : (1) In every establishment (a) suitable striking gear or other efficient mechanical appliances shall be provided and ‘maintained and used to move driving belts to and from fast and loose pulleys which from part of the transmission machinery, and such gear or appliances shall be so constructed, placed and maintained as to prevent the belt from cropping back on the first pulleys ; (b) driving belts when not in use shall not be allowed to rest or ride upon shafting in motion, (2) In every establishment suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained in every work-room. 66, Self-acting machines : No traversing part of a self-acting machine in any establishment and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass whether in the course of his employment or other distance of forty five ‘centimeters from any fixed structure which is not part of the machine: Provided that the Chief Inspector may permit the continued use of a machine installed before the commencement of this Act which does not comply with the requirements of this section on such conditions for ensuring safety as he may think fit to impose. 67. Casing of new machinery : In all machinery driven by power and installed in any establishment after the commencement of this Act~ 45(@) every set screw, belt or key or any revolving shaft, spindle wheel or pinion shall be so, sunk, encased or otherwise effectively guarded to prevent danger ; and {b) all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased unless itis so situated as to be as safe it would be if it were completely encased. 68. Cranes and other lifting machinery : ‘The following provisions shall apply in- (a) every part thercof, including the working gear, whether fixed or movable, ropes and chains and anchoring and fixing appliances stall be~ (i) of good construction, sound material and adequate strength, i). properly maintained, (iii) thoroughly examined by a competent person at least once in every period of twelve months and a register shall be kept containing the prescribed particulars of every such examination ; (b) no such machinery shall be Joaded beyond the safe working load which shall be plainly marked thereon ; and (6) while any person is employed or working on or near the wheel-tract of a travelling crane in any place, where he would be liable to be struck by the crane, effective measures shall be taken to ensure that crane does not approach within six metre of that place. 69, Hoists and lifts : (1) In every establishment every hoist and lift shall be— (@) of good mechanical construction, sound material and adequate strength, (b properly maintained, (©) shall be throughly examined by competent person at least once in every period of six months, and a register shall be kept containing the prescribed particulars of every such examination ; (2) every hoistway and liftway shall be sufficiently protected by an enclosure fitted with gates, ‘and the hoist or lift and every stich enclosure shall be so constructed as to prevent any person of thing from being trapped between any part of the hoist or lift and any fixed structure or moving part; (3). the maximum safe working load shall be plainly marked on every hoist or lift and no load greater than such load shall be carried thereon (4) the cage of every hoist or fift used for carrying persons shall be fitted with a gate on each side from which access is afforded t0 a landing ; (5). every gate referred to in subsection (2) or (4) shall be fitted with interlocking or other efficient device to secure that the gate cannot be opened except when the cage is at the landing and that the cage cannot be moved untess the gate is closed. (6) The following additional requirements shall apply to hoists and lifts used for carrying persons and installed or reconstructed in an establishment after the commencement of this Act, namely (a) where the cage is supported by rope or chain there shall be at least two ropes or chains soparatcly connected with the cage and balance weight, and each rope or chain with its attachments shall be capable of carrying the whole weight of the cage together with its ‘maximum load ; (b) efficient devices shall be provided and maintained capable of supporting the cage together with its maximum toad in the event of breakage of the ropes, chains or attachments ; 46(©) anefficient automatic device shall be provided and maintained to prevent the cage from over-running. (7) The Chief Inspector may permit the continued use of a hoist or lift installed in an establishment before the commencement of this Act which does not fully comply with the provisions of sub-scetion (1), (2), (3), (4) and (5) upon such conditions for ensuring safety as he ‘may think fit to impose. ‘70, Revolving machinery : (1) In every room in an establishment in which the process of grinding is carried on, there shall be permanently affixed to, or placed near, each machine in use a notice indicating the following ~ (a) maximum safe working peripheral speed of every grind stone or abrasive whee! (b) the speed of the shaft or spindle upon which the wheel is mounted ; (©) the diameter of the pulley upon such shaft or spindle necessary to secure such safe ‘working peripheral speed. (2) The speeds indicated in notices under sub-section (1) shall not be exceeded. (3) Effective measures shall be taken in every revolving vessel, cage, basket, flywheel, pulley dice or similar appliance driven by power is not exceeded, 71. Pressure plant : If in any establishment any part of the plant or machinery used in manufacturing process is operated at @ pressure above atmospheric pressure, effective measures shall be taken to ensure that the safe. working pressure of such part is not exceeded, 72. Floors, stairs and means of access : In every establishment— (a) all floors, stairs, passages and gangways shall be of sound construction and properly ‘maintained and where it is necessary to ensure safety steps, stairs, passages and gangways shall be provided with substantial handrails; (b)_ there shall, so far as is reasonably practicable, be provided and rtaintained safe means of access to every place at which any person is, at any time, required to work; and (©) all floors, ways and stairways shall be clean, wide and cléar of all obstructions. 73. Pits, sumps, opening in floors, ete. : (1) In every establishment, every fixed-vessel, sump, tank, pit or opening in the ground or in a floor which, by reason of its depth, situation, construction or contents is or may be 2 source of danger, shall be either securely covered or securely fenced. c 74, Excessive weights : No person shall be employed in any establishment to lift, carry of move any load so heavy as to be likely to cause him injury. 75, Protection of eyes : The Government may, in respect of any manufacturing process carried ‘on in any establishment, by rules, require that effective screens of suitable goggles shall be provided for the protection of persons employed on, or in the immediate vicinity of a process which involves~ (@) risk of injury to the eyes from particles or fragments thrown off in the course ‘of the process, or (b) risk to the eyes by reason of exposure to excessive light or heat 16, Powers to require specifications of defective parts or tests of stability : If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in an establishment, is in such a condition that it may be dangerous to human life or safety, he may 47serve.on the employer of the establishment an order in writing. requiring him before a specified date- (a) to furnish such drawings, specifications and other particulars as may be necessary 10 determine whether such building, ways, machinery or plant can be used with safety, or (b) to carry out such tests as may be necessary to determine the strength or quality or any specified parts and to inform the Inspector of the result thereof, 77. Precautions against dangerous fumes : (1) In any establishment no person shall enter or be permitted to enter any chamber, tank, vat pit, pipe, flue or other confined space in which dangerous fumes are likely to be present to such an extent as to involve risks of persons being ‘overcome thereby, unless it is provided with a manhole of such size, as may be prescribed or other effective means of egress (2) No portable electric light of voltage exceeding twenty-four volts shall be permitted in any ‘establishment for use inside any confined space such as is referred to in sub-section (1) and where the fumes present are likely to be inflammable, lamp or light other than of flame proof ‘construction shall be permitted to be used in such confined space (3) No person in any establishment shall enter or be permitted to enter any such confined space until all practicable means have been taken to remove any furnes which may be present and to prevent any ingress of fume and unless cither— (@) a certificate in writing has been given-by a competent person, based on a test carried out by himself, that the space is from dangerous fumes and fit for persons to enter, or (b) the worker is wearing suitable breathing apparatus and a belt securely attached to & rope, the free end of which is held by a person standing outside the confined space. (4) Suitable breathing apparatus, reviving apparatus and belts and ropes shall, in every establishment, be kept ready for instant use beside any such confined space as aforesaid which any person as entered, and all such apparatus shall be periodically examined and certified by a ‘competent person to be fit for use ; and a sufficient number of persons employed in every establishment shall be trained and practised in the use of all such apparatus and in the method of sestoring respiration. (5) No person shall be permitted to enter in any establishment, any boiler furnace, boiler, fluc chamber, tank, at, pipe or other confined space for the purpose of working or making any examination therein until it has been sufficiently cooled by ventilation or otherwise to be safe for persons to enter. 78, Explosive or inflammable dust, gas, etc. : (1) Where in any establishment any manufacturing process produces dust, gas, fume or vapour of such character and to such extent as to be likely to explode on ignition, all practicable measures shall be taken to prevent any such explosion by-(a) effective enclosure of the plant or machinery used in the process (b) removal or prevention of the accurmulation of such dust, gas, fume or vapour ; (©) exclusion or effective enclosure of all possible sources of ignition, (2) Where in any establishment the plant or machinery used in a process is not so constructed as to withstand the probable pressure which such an explosion as aforesaid would produce, all practicable measure shall be taken to restrict the spread and effects of the explosion by the provision in the plant or machinery of chokes, baffles, vents or other effective appliances, (3) Where any part of the plant or machinery in an establishment contains any explosive ot inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened except in accordance with the following provisions, namely~ 48(a) before the fastening of any joint of any pipe connected withthe part ofthe fastening of the saver of any opening into the partis loosened, any flow of the gas or vapour into the part or any such pipe shall be effectively stopped by a stop-valve or otier means () before any such fastening as aforesaid is removed, all practicable measures sill Pe taken to reduce the pressure of the gas oF vapour in the part or pipe to atmospheric pressure ; (© where any such fastening, as aforesaid, bas been loosened or removed, effective escures chall be taken to prevent any explosive or inflammable gas or vapour from entering the part or pipe until the fastening has been secured : or as the case may be securely replaced: Provided that the provisions of this sub-section shall not apply in the case of plant or machinery installed in the open air. (4) No plant, tank or vessel which contains or has contained any explosive, oF inflammable substance shall be subjected in any establishment to any welding, brazing, soldering or cuting tperation which involves the application of heat unless adequate measures have been fst taken aaerine such substance and any fumes arising therefrom or to render such substance and furnes on explosive or non-inflaramable, and) ao such substance shall be allowed to enter sich Pl aoe ee scel after any such operation until the mental has cooled sufficiently to prevent any risk of igniting the substance. 49CHAPTER Vil SPECIAL PROVISIONS RELATING TO HEALTH, HYGIENE AND. SAFETY 79. Dangerous operations : Where the Government is satisfied that any operation carried on in an establishment exposes any person ermployed in it to a serious risk of bodily injury, poisoning, or disease, it may make rules applicable to such establishment or class of establishments in which such operation is carried on— (a) specifying the operation and declaring it to be hazardous; (>) prohibiting or the employment of women, adolescents or children in the operation ; (©) providing for the periodical medical examination of persons employed in the operation and prohibiting the employment of persons not certified as fit for such employment ; (d) providing for the protection of all persons employed in the operation or in the vicinity of the places where it is carried on and the use of any specified materials or processes in connection with the operation; and (©) notice specifying use and precautions regarding use of any corrosive chemicals, 80. Notice to be given of accidents: (1) If any accident occurs in an establishment causing loss of life or bodily injury, or if an accidental explosion, ignition, outbreak of fire or irruption of ‘water or fumes occurs in an establishment, the employer of the establishment shall give notice of the occurrence to the Inspector within two working days. (2) Where an accident mentioned in sub-section (1) causes bodily injury resulting in the compulsory absence from work of the person injured for a period exceeding forty-eight hours it shail be entered in a register prescribed in the rule, (3) A copy of the entries in the register referred to in sub-section (2) shall be sent by the employer of the establishment, within fifteen days after the 30th day of June and the 31st day of December in each year, to the Chief Inspector. 81. Notice of certain dangerous occurrences: Where in an establishment, any dangerous ‘occurrence of such nature as may be prescribed under Labour Rule occurs, whether causing any bodily injury or not, the employer of the establishment shall send notice thereof to the Inspector within three working days. 82. Notice of certain disease: (1) Where any worker in an establishment contacts any disease specified in the Second Schedule, the employer or the worker concemed oF any person authorised by him in this behalf shall send notice thereof to the Inspector in such prescribed form and within stch time as may be prescribed by Rules (2) If any registered medical practitioner attends on a person who is, or has been employed in ‘an establishment and who is, or is believed by such medical practitioner to be, suffering from any disease specified in the Second Schedule, the medical practitioner shall, without delay, send a report in writing to the Chief Inspector stating— (a) the name and postal address of the patient ; (b) the disease from which he believes the patient to be suffering ; (©) the name and address of the establishment in which the patient is or was last employed. (3) The Government may add to or subtract from the Second Schedule any disease by otification in the official Gazette. 5083. Power to direct enquiry into cases of accident or disease : (1) Where any accidental explosion, ignition, outbreak of fire or irruption of water or other accident has occurred in any establishment or when any disease specified in the Second Schedule has been or suspected to have been contracted in any establishment, the Government, if it is of opinion that a formal ‘enquiry into the cases, of, and circumstance attending, the accident or disease ought to be held, may appoint a competent person to hold such enquiry, and may also appoint any person possessing legal or special knowledge to act as assessor in holding the enquiry. (2) The person appointed to hold any such enquiry shall have all the power of a Civil Court under the Code of Civil Procedure, 1908 for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects; and every person required by such person as aforesaid to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the Penal Code. (3) Any person holding an enquiry under this section may exercise such of the powers of an Inspector under this Act as he may think it necessary or expedient to exercise for the-purposes of the enquiry (4) The person holding enquiry shall make a report to the Government stating the causes of the accident and its circumstances, and adding any observations which he and any of the assessors may think fit to make. (5) The Government may, cause such report to be published at such time and in such mann as it may think fit, ‘84, Power fo take samples: (1) An Inspector may, at any time during the normal working hours, informing the employer of an establishment, take, in the manner hereinafter provided, a sufficient sample of any substance used or intended to be used in the establishment such use being, in the opinion of the Inspector in contravention of the provisions of this Act or of the rules, or likely to ‘cause bodily injury to or injury to the health of, workers in establishment, (2) Where the Inspector takes such sample, he shall, in the presence of the employer, uniess he willfully absents himself, divide the sample into three portions and effectively seal and suitably mark them and shall permit the employer to add his own seal and mark thereon. (3) The employer shall, if the Inspector so requires, provide the appliances for dividing, sealing and marking the sample taken. (4) The Inspector shall forthwith give one portion of the sample to the employer, send the second portion to a Government Analyst for analysis and report thereon and retain the third portion for production to the Court before which proceedings, if any. are instituted in respect of the substance, (5) Any document, purporting to be a report under the hand of any Government Analyst upon. any substance submitted to him for analysis and report under this section, may be used as evidence in any proceedings instituted in respect of the substance. 85. Powers of Inspector in case of certain danger : (1) If, in respect of any matter for which no express provision is made by or under this Act, it appears to the Inspector that any establishment or any part thereof or any matter, thing or practice in or connected with the establishment or with the control, management or direction thereof, is dangerous to human life or safety or thereof, is dangerous to human life or safety or defective so as to threaten, or tend, to the bodily injury of any person, he may give notice in writing thereof to the employer of the establishment, and shall state in the notice the particulars in respect of which he considers the establishment, or part thereof, or the matter, thing or practice, to be dangerous or defective and require the same to be remedied within such time and in such manner as he may specify in the notice. 51(2) Without prejudice to the generality of the provisions contained in sub-section (1), the Inspector may, by order in writing direct the employer prohibiting the extraction or reduction of. pillars in any part of such establishment if, in his opinion, such operation is likely to cause the crushing of pillars or the premature collapse of any part of the workings or otherwise endanger the establishment, (3) If the Inspector is of opinion that there is urgent and immediate danger to the life or safety ‘of any person employed in any establishment or part thereof, he may, by an order in writing, containing a statement of the grounds of his opinion, prohibit, the employer concerned, until he is, satisfied that the danger is removed, the employment in of about the establishment or part thereof cof any person whose employment is not, in his opinion, reasonably necessary for the purpose of removing the danger. (4) The employer, if is aggrieved by the order under sub-section (3) may, within ten days of the receipt of the order, appeal against the same to the Chief Inspector who may confirm, modify for cancel the order. a (5) The Inspector making an order under sub-section (1) or (3), shall forthwith report the same to the Government and shall inform the employer concerned that such report has been so made. (6) The Chief Inspector, shall forthwith report to the Government any order, except the order of cancellation passed by him under sub-section (4), and shall also inform the employer concerned that such report has been so made. (7) Any employer, if has any objection against any order made under sub-section (1), or 3), or (4) may inform the Government within 20 days of receipt of the order in writing with cause thereof and the Government shall sent it to a Committee for decision. (8) The employer shall comply with the order against which objection has been made untill such decision of the committee 1s received. Provided that on application made by the employer the order passed under sub-section (1) may be suspended, till pending decision of the Committee, 86. Information about dangerous building and machinery : (1) Where any worker finds that any machinery or building used by the workers in any establishment in which be is employed is jn such a dangerous condition that it is likely to cause physical injury to any worker at any time he shall inform the employer of it in writing immediately after it has come to his notice. (2) If the employer fails to take appropriate action on such information within three days and any injury is caused to any worker because of the use of such equipment, machinery or building, he shall be liable to pay compensation to the worker injured at a rate which may be double the rate of compensation payable for such injusy under Chapter XU 87. Restriction of employment of women in certain work : The provisions of sections 39, 40 and 42 shal apply to a woman worker as they apply to an adolescent worker. 88, Power to make rules to supplement this Chapter : The Government may make rules requiring that (a) in any establishment such further devices and measures for securing the safety of the persons employed therein, shall be adopted 5 (b) work on a manufacturing process carried on with the aid of power, shall not be begun, in any building or part of a building in an establishment until a certificate of stability im the prescribed form has been received by the Chief Inspector, 52CHAPTEL WELFARE, 1 89. First-aid appliances : (1) There shall, in every establishment be provided and maintained, so as to be readily accessible during all working hours, first-aid boxes or cupboards equipped with the contents prescribed by rules. (2) The number of such boxes or cupboards shall not be less than one for every one hundred fifty workers ordinarily employed in the establishment. (3) Every first-aid box or cupboard shall be kept in charge of a responsible person who is trained in first-aid treatment and who shall always be available during the working hours of the establishment (4) A notice shall be affixed in every work-room stating the name of person in charge of the first-aid box or cupboard provided in respect of that room and such person shall wear a badge so as to facilitate identification () In every establishment wherein three hundred or more workers are ordinarily employed, there shall be provided and maintained a sick room with dispensary of the prescribed size, containing the prescribed equipment or similar facilities, in the charge of such medical and nursing staff as may be prescribed 90. Maintenance of Safety Record Book.- In every establishment/factory wherein more than twenty five workers are employed, shall maintain compulsorily, in the prescribed manner, a safety record book and safety board. 91. Washing facilities : (1) In every establishment (a) adequate and suitable facilities for washing and bathing shall be provided and maintained for the use of the workers therein ; (b) separate and adequately screened facilities shall be provided for the use of male and female workers ; and (©) such facilities shall be conveniently accessible and shall be kept clean. (2) The Government may in respect of any establishment or class or description of establishments , prescribed standards of adequate and suitable facilities for washing, 92. Canteens : (1) In every establishment wherein more than one hundred workers are ordinarily employed, there shall be provided adequate number of canteens for the use of the workers, (2) The Government may make rales providing for— (a) the standards in respect of construction, accommodation, furniture and other equipment of the canteen ; and (b) the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen (3) The managing committee to be formed under the rules shall determine the foodstuff to be served in the canteen, and the charges therefor. 93. Shelters, ete. : (L) In every establishment wherein more than fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms, and a suitable lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers, 53Provided that any canteen maintained in accordance with the provisions of section 92. shall be regarded as part of the requirements of this sub-section: Provided further that where a lunch room exist, no worker shall eat any food in the work room. (2) The shelters, rest rooms or lunch rooms provided under sub-section (1) shall be sufficiently lighted and ventilated and shall be maintained in a coot and clean condition. (3) In the establishments wherein more than 25 female workers are employed, separate shelter rooms are to be maintained and in establishment wherein less then 25 fernale workers. are employed, separate and adequate spaces with screen shall be provided. 94. Rooms for children : (1) In every establishment, wherein forty or more workers are ordinarily employed, there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women 2) Such rooms shall provide adequate accommodation, adequately lighted and ventilated and maintained in a clean and sanitary condition and shall be under the charge of woman trained or experienced in the care of children and infants. (3) Such rooms shall be conveniently accessible to the mothers of the children accommodated therein and so far as is reasonably practicable they shall not be situated in close proximity to any part of the establishment where obnoxious fumes, dust or odours are given off or in which excessively noisy processes are carried on, (4) Such rooms shall be solidly constructed and all the walls and roof shall be of suitable heat resisting materials and shall be water proof. (5) The height of such rooms shall not be less than 360cm from the floor to the lowest part of the roof and there shall be not less than 600sq. em of floor arca for each child to be accommodated (6) Effective and suitable provisions shall be made in every part of such room for securing and ‘maintaining adequate ventilation by the circulation of fresh air. (D Such rooms shall be adequately furnished and equipped and in particular there shall be one suitable cot or cradle with necessary bedding for each child, at least one chair or equivalent seating accommodation for the use of each mother while she is feeding or attending to her child and a sufficient supply of suitable toys for the older children. (8) A suitable fenced and shady open air play-ground shall be provided for the older childrens Provided that the Chief Inspector may, by order in writing, exempt any establishment from compliance with this sub-rule if he is satisfied that there is not sufficient space available for the provision of such a playground. 9. Recreational and educational facilities in tea plantation : of the tea plantations (a) make rules requiring every employer to make provision for such recreational facilities for the workers and their children as may be prescribed ; the Government may, in respect (b) where the children of the tea plantation workers between the ages of six and twelve of the workers exceed twenty-five in number, make rules requiring the employer to provide educational facilities for the children in such manner and of such standard as may be prescribed. (©) Inevery tea plantation there shall be established adequate medical centers for the workers and their children as may be prescribed by rules. 54 i96. Housing facilities in tea plantation : Every employer in a tea plantation shall provide housing facilities to every worker and his family residing in the tea plantation 97. Facilities for daily necessities, ete. in tea plantation : Every employer in a tea plantation shall provide facilities within easy reach of the workers for obtaining the daily necessities of life. 98, Medical care for newspaper workers : Every newspaper worker and his dependents shall be entitled to medical care at the cost of the newspaper establishment in such manner and to such extent as may be prescribed. Explanation : For the purpose of this section, ‘dependents’ means wife, or husband, as the case may be, widowed-mother, invalid parents and legitimate sons and daughters of a newspaper worker residing with him and wholly dependent upon him. 99. Compulsory Group Insurance : Government may, in the manner provided by rules, introduce group insurance, in the establishments wherein minimum 200. permanent workers are employed. 55CHAPTER: 1X WORKING HOURS AND LEAVE 100. Daily working hours : No adult worker shall ordinarily be required or allowed to work in an establishment for more than eight hours in any day: Provided that, subject to the provisions of section 108, any such worker may work in an establishment not exceeding ten hours in any day. 101, Interval for rest or meal : Any worker in any establishment shall not be liable to work either (a) for more than six hours in any day unless he has been allowed an interval of at least one hour during that day for rest or meal ; (b) for more than five hours in any one day unless he has been allowed an interval of at least half an hour during that day for rest or meal ; or (©) for more than eight hours unless he has had an interval under clause (a) or two such intervals under clause (b) during that day for test or meal. 102. Weekly working hours : (1) No adult worker shall ordinarily be sequired.r allowed to ‘work in an establishment for more than forty-cight hours in any week, (2) Subject to the provisions of section 108, an adult worker may work for more than forty- cight hours in a week Provided that the total hours of work of an adult worker shall not exceed sixty hours in any week and on the.average fifty-six hours per week in any year: Provided further that in the case of a worker employed in an establishment which is a road transport service, the total hours or overtime work in any year shall not exceed one hundred and fifty hours. Provided further that the Government, if satisfied that in public interest or in the interest of ‘economic development such exemption or relaxation is necessary, in certain industries, by order in writing under specific terms and conditions, may relax the provision of this section or exempt, for a maximum period of six months, from the provision of this section at a time. 103, Weekly holiday : An adult worker employed in an establishment ~ (a) which is a shop or commercial establishment, or industrial establishment, shall be allowed in each week one and half days holiday and in factory and establishment one day in a week; (b) which is a road transport service, shall be allowed in each week one day's holiday of ‘oventy four consecutive hours ; and no deduction on account of such holidays shall be made from the wages of any such worker. 104. Compensatory weekly holiday : Where, as a result of the passing of an order or the making of a rule under the provisions of this Act exempting an establishment or the workers therein from the provisions of section 103, a worker is deprived of any of the weekly holidays provided for in that section, he shall be allowed, as soon as circumstances permit, compensatory holidays, of equal number to the holidays so deprived of. 408. Spread over : The periods of work of an adult worker in an establishment shall be so arranged that, inclusive of his interval for rest or meal under section 101, it shall not spread over more than eleven hours, and subject to such conditions as may be imposed by the Government, either generally or in the case of any particular establishment. 56106, Night Shift : Where, an adult worker in an establishment works on a shift which extends beyond midnight (a) for the purposes of section 103 a holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning from the end of his shift ; and (b) the following day for him shall be deemed to be the period of twenty-four consecutive hours beginning from the end of this shift and the hours he has worked after midnight shall be counted towards the previous day. 107, Restriction on cumulative hours of work on a yehiele : No worker shall work or be allowed to work on a vehicle or two or more vehicles in excess of the period during which he may be lawfully employed under this Act. 108, Extra-allowance for overtime : (1) Where a worker works in an establishment on any day ‘or week for more than the hours fixed under this Act, he shall, in respect of overtime work, be entitled to allowance at the rate of twice his ordinary rate of basic wage and dearness allowance and ad-hoc or interim pay, if any. (2) Where any worker in an establishment are paid on a piece rate basis the employer, in consultation with the representatives of the workers, may, for the purposes of this section, fix time rates as nearly as possible equivalent to the average rates of earnings of those workers, and the rates 60 fixed shall be deemed to be the ordinary rates of wages of those workers. (3) The Government may prescribe registers to be maintained in an establishment for the purpose of securing compliance with the provisions of this section. 109. Limitation of hours of work for women : No women shall, without her consent, be allowed to work in an establishment between the hours of 10.00 p.m, and 6.00 a.m, 110, Restriction on double employment : No adult worker shall be employed or allowed to be ‘employed for work in more than one establishment on any day, except on permission in writing from the Chief Inspector on such terms and conditions as he may impose 111. Notice of periods of work for adults and preparation thereof : (1) There shall be displayed and correctly maintained in every establishment in accordance with the provisions of section 337, a notice of periods of work for adult workers showing clearly the periods which adult ‘workers may be required to work. (2) The periods shown in the notice shall be fixed beforehand in accordance with the provisions of this section and shall be such that workers working during periods would not be working in contravention of the provisions of sections, 100, 101, 102, 103 and 105. (3) Where all the adult workers in an establishment are required to work during the same period, the employer, shall fix those periods generally. (4) Where all the adult workers in an establishment are not required to work during the same periods, the employer, shall classify them into groups according to the nature of their work, and indicate the number of workers in each group. (5) For each group which is not required to work on a system of shifts, the employer shall fix the period during which the group may be required to work. (6) Where any group is required to work on a system of shifts, and the relays are not on a undetermined periodical changes, the employer shall fix the periods during which each relay on the group may be required to work. 37(7) Where any group is to work on a system of shifts and the relays are or are intended to be subject to predetermined periodical changes of shifts, the employer, shall draw up a scheme of shifts, where under the periods during which any relay of the group may be required to work on the relay which will be working at any time of the day shall be known for any day, (8) A copy of the notice shall be sent in duplicate to the Inspector before the day on which an establishment begins work, for approval of the periods of work by the Inspector: (9) The Inspector shall return a copy of the notice to the employer within one week of its reccipt, indicating modifications if any; the employer shall immediately comply with the modifications, if made and shall preserve the approval in the tecords of the establishment, (10) Any proposed change in the system of work in an establishment which will necessitate a change in the notice shall be notified to the Inspector in duplicate before the change is made, and, except with the previous sanction of the Inspector. no such change shall be made. (11) An employer may refuse to employ a worker for any day if on that day he turns up for ‘work more than half an hour after the time fixed for the commencement of the days work. 112. Special age limit for Road ‘Transport Service worker + (1) No person shall be employed as driver, in an establishment which is a road transport service unless he has attained the age of twenty one years (2) No person shall be employed in an establishment which is a roud transport service in any bother post unless he has attained the age of eighteen years, 113. Hours of work to correspond with notice and register : No adult worker shall be required or allowed to work otherwise than in accordance with the notice under section 111(1) and the entries made beforehand against his name in the register maintained under section 9. 114. Closure of shops, ete. : (1) Every establishment which is shop or commercial or industrial establishment shall remain entirely closed for at least one and a half day in each week, (2) The one and half day on which establishments shall remain entirely closed, shall be fixed for each area by the Chief Inspector Provided that the Chief Inspector may, from time to time, refix such day for each area in the public interest. (3) No shop shall on any day remain open after the hours of 8..00 o'clock post meridiem Provided that any customer who was being or was waiting in the shop to be served at such hour, may be served during the period of thirty minutes immediately following such hour: (4) The Government may, on consideration of special circumstances, alter, by notifications in the official Gazette, the closing hours of shops in any area in any season on such conditions as may be imposed, (5) The provisions of this section shall not apply to~ (a) docks, wharves or stations and terminal offices of transport services including airports ; (b) shops dealing mainly in any vegetable, meat, fish, dairy products, bread, pasties, sweetmeats and flowers ; (©) shops dealing mainly in medicines, surgical appliances, bandages or other medical requisites ; (d) shops dealing in articles required for funerals, burials or cremation ; e) shops dealing mainly in tobacco, cigars, cigarettes, biris, pan, liquid refreshments, ‘newspapers or periodicals sold retail for consumption in the premises, ice ; 58(petrol pumps for the retail sale of the petrol and automobile service stations not being repair workshops ; (g) barbars” and hair dressets’ shops ; (h) any system of public conservancy or sanitation, (i) any industry, business or undertaking which supplies power, light or water to the public: Gj). clubs, hotels, restaurants, catering houses cinemas or theatres: Provided that where several trades or business are carried on in the same shop or commercial establishment and, the majority of them, by their nature, are eligible to exemption under this section, the exemption will apply to the entire shop or commercial establishment Provided further that the Chief Inspector may, by a general or special order, published in the official Gazette, fix the opening or closing hours for any of the foregoing establishments or class of establishment, 115. Casual leave : Every worker shall be entitled to casual leave the full wages for ten days in a calender year, and such leave shall not be accumulated and carried forward to the succeeding year: Provided that nothing in this section shall apply to @ worker employed in a tea plantation. 116. Sick leave : (1) Every worker other than a newspaper worker, shall be entitled to sick leave ‘with full wages for fourteen days in a calender year. (2) Every newspaper worker shall be entitled to sick leave with half wages for not less than one-eighteenth of the period of services. (3) No such leave shall be allowed unless a registered medical practitioner appointed by the employer or, if no such medical practitioner is appointed by the employer, any other registered medical practitioner, after exarnination, certifies that the worker is ill and requites sick leave for ccure or treatment for such period as may be specified by him. (4) Such leave shall not be accumulated and carried forward to the succeeding year. 117. Annual leave with wages : (1) Every adult worker, who has completed one year of continuous service in an establishment, shall be allowed during the subsequent period of twelve months leave with wages for a number of days calculated at the rate of one day~ (@) in the case of a shop or commercial or industrial establishment or factory or road transport service, for every eighteen days of work ; (b) in the case of tea plantation, for every twenty two days of work ; (©) in the case of a newspaper worker, for every eleven days of work, (2) Every worker, who is not an adult, who has completed one year of continuous service in an establishment, shall be allowed during the subsequent period of twelve months leave with wages for a number of days calculated at the rate of one day— (a) in the case of a factory, for every fifteen days of work ; (b) in the case of a tea plantation, for every eighteen days of work ; () in the case of a shop or commercial or industrial establishment, for every fourteen days of work performed by him during the previous period of twelve months. (3) A period of leave allowed under this section shall be inclusive of any holiday which may occur during such period. 59(4) Ifa worker does not, in any period of twelve months, take the leave to which he is entitled under sub-sections (1) or (2), either in whole or in part, any such leave not taken by him shall be added to the leave to be allowed to him, in the succeeding period of twelve months. (5) Notwithstanding anything contained in sub-section (4), an adult worker shall cease to earn any leave under this section, when the earned leave due to him amounts to (a) in the case factory or road transport service, forty days ; (b) in the case of a tea plantation or shop or commercial or industrial establishment, sixty days: (6) Notwithstanding anything contained in subsection (4) an adolescent worker shall cease to earn any leave under this section, when the eamed leave (a) in the casc of a factory or tea plantation, sixty days ; (b) in the case of a shop or commercial or industrial establishment, eighty days (7) Any leave applied for by a worker but refused by the employer for any reason, shall be added to the credit of such worker beyond the aforesaid limit mentioned in sub-section (3) and ©. (8) For the purpose of this section a worker shall be deemed to have completed a period of continuous service in an establishment notwithstanding any interruption in service during that period due to ~ (a) any holiday ; (b) any leave with wages ; (©) any leave with or without wages due to sickness or accident ; (4) any maternity leave not exceeding sixteen weeks ; (©) any period of lay-off ; (Pa strike which is legal or a lock-out which és not illegal. 118, Festival holidays : (1) Every worker shall be allowed in a calender year eleven days of paid festival holidays. (2) The days and dates for such festivals shall be fixed by the employer in such manner as may be prescribed. (3) A worker may be required to work on any festival holiday, but two days’ additional compensatory holidays with full pay and a substitute holiday shall be provided for him in accordance with the provisions of section 103. 119. Calculation of wages and payment during leave or holiday period : (1) For the leave or holidays allowed to a worker under the provisions of this Act, he shall be paid at the rate equal to the daily average of his full time wages including deamess allowances, and ad-hoc or interim pay, if any, for the days on which he worked during the month immediately preceding this leave but excluding any overtime allowance and bonus Provided that if a worker in any establishment is entitled to cash equivalent of any advantage accruing from the supply of food grains, it shall be included in his wages, (2) A worker who has been allowed annual leave for a period of not less than four days in the ‘case of an adult and five days in the case of an adolescent, at any time, shall, in so far as it is practicable, be paid his wages for the period of the leave so allowed, before his leave begins.CHAPTER : X WAGES AND PAYMENT. 120. Special definition of ‘wages? : In this Chapter, unless there is anything repiugnant in the subject or context, ‘wages, means wages as defined in section 2 (XLV), and includes= (@) any bonus or other additional remuneration payable under the terms of employment ; (b) any remuneration payable in respect of overtime work, holiday or leave ; (©) any remuneration payable under any award or settlement between the parties or under order of any Court ; (@ any sum payable under this Act or any agreement by reason of termination of employment ‘whether by way of retrenchment, discharge, removal, resignation, retirement, dismissal or otherwise ; and (@) any sum payable due to lay-off or suspension 121. Responsibility for payment of wages : Every employer shall be responsible for the payment to workers employed by him of all wages required to be paid under this Act: Provided that, except in the case of a worker employed by a contractor, the chief executive officer, the manager or any other person responsible to the employer for the supervision and control of an establishment shall also be responsible for such payment Provided further that when the wages of a worker employed by the contractor is not paid by the contractor, the wages shall be paid by the employer of the establishment and the samme shall be adjusted from the contractor. 122, Fixation of wage-periods : (1) Every person responsible for the payment of wages under section 121 shall fix periods, to be called wage periods. in respect of which such wages shall be payable, (2) No wage period shall exceed one month. 123. Time of payment of wages : (I) The wages of every worker shall be paid before the expiry of the seventh working day after the last day of the wage period in respect of which the wages are payable. (2) Where the employment of any worker is terminated by retirement or by the employer, whether by way of retrenchment, discharge, removal, dismissal or otherwise, the wages payable to him shall be paid before the expiry of the seventh working day from the day on which his, employment is 60 terminated, (3) All payment of wages shall be made on a working day. 124. Wages to be paid in current coin or curteney notes : All wages shail be paid in current coin or currency notes or bank cheque, 125. Deductions which may be made from wages : (1) No deduction shall be made from the wages of a worker except those authorised by or under this Act. (2) Deductions from the wages of a worker shall be made only in accordance with the provisions of this Act, and may be of the following kinds only, namely (a) ines imposed under section 25 5 (b) deductions for absence from duty ; 6L(leis (©) deductions for damage to or loss of goods expressly entrusted to the worker for custody, or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default ; {(d) deductions for house-accommodation supplied by the employer ; (©) deductions for such amenities and services, other than tolls and raw materials required for the purpose of employment, supplied by the employer as the Government may, by general or special order, authorise ; (f) deductions for recovery of advances or Joans of whatever nature or adjustment of over- payments of wages ; (g) deductions of income-tax payable by the worker ; {h) deductions required to be made by order of a Court or other authority competent to make such order ; (deductions for subscriptions to, and for repayment of advances from any provident fund to which the Provident Funds Act, 1925 (XIX of 1925), applies or any other recognised provident fund as define in the Income-tax Ordinance, 1984 (XXXVI of 1984), or any provident fund approved in this behalf by the Government, during the continuance of such approval : @) deductions for payments to any co-operative societies approved by the Government or to a scheme of insurance maintained by any Government Insurance Company or Bangladesh Postal Departmer (k) deductions, made with the written authorisation of the workers for the contribution to any fund or scheme constituted or framed by the employer, with the approval of the Government, for the welfare of the workers or the members of their farnilies or both, and (1) deduction of subscription for the CBA union through check off system, 126. Deductions for absence from duty : (1) Deductions may be made under section 125(2) (6) only on account of the absence of a worker from the place, where by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work (2) The amount of such deduction shall, in no case bear to the wages payable to the worker in respect of the wage period for which the deduction is made a larger proportion, he was required to work ; Provided that, subject to any rules made in this behalf by the Government, if ten or more workers acting in concert absent themselves without due notice and without reasonable cause, such deduetion from any such worker may include such amount not exceeding his wages for eight days as may, by the terms of his employment, be due to the employer in liew of due notice. Explanation For the purposes of this section, a worker shall be deemed to be absent from the place where he is required to work if, although present in such place he refuses, in pursuance of a stay-in-sirike or for any other cause which is not reasonable in the circumstances, to carry out his work. This section also applicable for the Trade Union representative. 127. Deductions for damage or loss : (1) A deduction under section 125(2) (c) shall not exceed the amount of the damage or loss caused to the employer by neglect or default of the worker and shall not be made until the worker has been given an opportunity of showing cause and found guilty of the charge in compliance with the principles of natural justice.(2) All such deductions and all the realisations thereof shall be recorded in a register to be kept by the person responsible for the payment of wages in such form as may be prescribed by rules. 128. Deductions for services rendered : A deduction under sectiont25(2)(d) and (e) shalt not be made from the wages of a worker unless the house-accommodation, amenity or service has been accepted by him, as a term of employment or otherwise, and such deduction shall not exceed an amount equivalent to the value of the house accommodation, amenity or service supplied and, in the case of a deduction under the said clause (¢), shall be subject to such conditions as the ‘Government may impose. 129. Deductions for recovery of loans or advanees : Deductions under section 125(2) (f) shall be subject to the following conditions, namely: (a) recovery of a loan or an advance of money given before employment began shall be made from the first payment or wages in respect of a complete wage period, but no recovery shall be made of stich loans or advances given for travelling expenses (b) recovery of loans or any advances of wages not already earned shall be subject to any rrules made by the Government regulating the extent to which such loans or advances may be giverrand the instalment by which they may be recovered. 130. Other deductions from wages : Deductions under section 125 (2) (j) (K) and (L) shall be subject to such conditions as the Government may impose, 131. Payment of undisbursed wages in cases of death of workers : (1) Subject to other provisions of this Chapter, all amounts payable to @ worker as wages shall. if such amounts could not or cannot be paid on account of his death or on account of his whereabouts not being known before payment,- (a) be paid to the person nominated by him in this behalf in accordance with the rules ; (b) where no such nomination has been made or where for any reasons such amounts cannot be paid to the person so nominated, be deposited with the Labour Court who shall deal with the amounts so deposited in such manner as may be prescribed. (2) Where, in accordance with the provisions of sub-section (1), all amounts payable to a worker as wages are paid by the employer to the person nominated by the worker ; or are deposited by the employer with the Labour Court, the employer shall be discharged of his Hability in respect of payment of those wages. 132. Claims arising out of deductions from wages or delay in payment of wages : (1) Where contrary to the provisions of this Act any deduction has been made from the wages of a worker, or any payment of wages has been delayed, or payment of wages or gratuity under any rule or his dues in the provident fond delayed, such person himself, or in case of his death any of his legal heirs or any legal representative, may apply to the Labour Court for recovery of such unpaid wages or delayed wages or any other dues; (2) Every such application shall be presented within twelve months from the date on which the deduction from the wages was made or from the date on which the payment of the wages was ‘due to be made, as the case may be, to the Labour Court within whose jurisdiction on the place where the payment was made Provided that, any application may be admitted afier the said period of twelve months when the applicant satisfies the Labour Court that he had sufficient cause for not making the application within such period.(3) When any application under sub-section (1) is entertained, the Labour Court shall hear the applicant and the employer or other person responsible for the payment of wages under this chapter, or give them an opportunity of being heard and take necessary evidence , and, may, direct the refund to the applicant of the ammount deducted, or the payment of the delayed wages. (4) Any order given under sub-section (3) shall not prejudice any other penalty to which such employer or other person is liable under this Act. (5) Labour Court in passing an onder under sub-section (3) may direct the employer or other person responsible for payment of wages to pay twenty-five per cent of the wages of the worker as compensation. (6) No direction for the payment of compensation under sub-section (5) shall be made in the case of delayed wages if the Labour Court is satisfied that the delay was due to— (@) a bonafide error or bonafide dispute as to the amount payable to the worker, oF (b) the occurrence of an emergency, or the existence of exceptional circumstances, such that the person responsible for the payment of the wages was unable, though exercising reasonable diligence, to make prompt payment, or (©) the failure of the worker to apply for or accept payment. (7) If the Labour Court while hearing any application under this section is satisfied that it was either malicious or vexatious, the Labour Court may direct that a penalty not exceeding two- hundred Taka be paid to the employer or other person responsible for the payment of wages by the person presenting the application. 133. Court fees in proceeding under seetion 132 : (1) In any proceedings under section 132, the applicant shall not be liable to pay: any Court fees other than fees payable for service of summons in respect of such proceedings. (2) Where the applicant succeeds, in such proceedings the Labour Court hearing the application shall calculate the amount of Court fees which would have been payable if the application were a plaint in a civil suit for recovery of money, and direct the employer or other person responsible for payment of the wages under section 121 to pay such amount. (3) Ifthe amount directed to be paid under sub-section (2) is not paid within the time specified by the Labour Court, it shall be recoverable as a public demand. 134, Single application in respect of a class of workers whose wages have not been paid or wages deducted : (1) A single application may be presented under section 132 on behalf or in respect of any number of workers belonging to the same unpaid group whose wages have been delayed or deducted, and in such case compensation that may be awarded under section 132(5), (2) The Labour Court may deal with any number of separate pending applications, presented under scction 132 in respect of workers belonging to the same unpaid group, as a single application presented under sub-section (1), and the provisions of that sub-section shall apply accordingly. (3) For the purpose of this section, ‘unpaid workers includes in the same group’ shall mean the workers who are working on the same establishment and if their wages for the same wage-period or period have remained unpaid. 135. Appeal : (1) An appeal against an order passed by the Labour Court under section 132, may be preferred, within thirty days of the date on which the order was passed, before the Tribunal 64(2) Notwithstanding anything contained in sub-section (1) no appeal by the employer ot ‘other person responsible for the payment of wages lic, ifthe total sum directed to be paid by way ‘of wage and compensation exceeds one thousand Taks, or by any worker or, if he has died, by any of his heirs, or by his legal representative, if the total amount of wages claimed exceeds five hundred Taka, or (3) No appeal shall lic unless the memorandum of appeal is accompanied by a certificate of the Labour Court to the effect that the appellant lias deposited with the Labour Court the amount payable under the direction appealed against. (4) Save as provided in the case of appeal under this section, all other orders passed by the Labour Court under section 132 shall be final (5) The provisions of section 5 of the Limitation act, 1908 (iX of 1908) shall be appli appeal under this section sable (© 136. Conditional attachment of property of employer ot other person responsible for payment of wages : (1) Where at any time — (a) after an application has been made under section 132, the Labour Court, or (b) after an appeal has been fied under section 135, the Tribunal; is satisfied that the employer or other person responsible for the payment or wages under section 121 is likely to evoide payment of any amount that may be directed to be paid under section 132 or 135, the Labour Court or the Tribunal, as. the case may be, after giving the employer or other person an opportunity of being heard, may direct the attachment of so much of the property of the employer or other person responsible for the payment of wages : Provided that, if there is possibility of defeating the purpose for the cause of delay, the said Court or Tribunal, before giving the opportunity of being heard, may pass such order of attachment. Provided further that such amount of property may be attached, which, in the opinion of the Labour Court or the Tribunal, sufficient to satisfy the amount which may be payable under the

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